Scott v. State
Supreme Court of Alabama
FROM tbe Circuit Court of Dallas, on change of venue from Wilcox. Tried before the Hon. Porter King. The indictment in this case was found by tbe grand jury of Wilcox county, and originally contained three counts : the first charging tbe prisoner, who was a slave ■with tbe murder of.
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FROM tbe Circuit Court of Dallas, on change of venue from Wilcox. Tried before the Hon. Porter King. The indictment in this case was found by tbe grand jury of Wilcox county, and originally contained three counts : the first charging tbe prisoner, who was a slave ■with tbe murder of. James Wilkinson, - a .white person, by striking him with a stick or piece of ‘.wood:; the second charging that the killing was clone “unlawfully, but without malice”; and-the-'third, that it .was done “unlawfully, but without malice, or the intention ■ to kill.” A nolle-prosequi was entered as to ;the -third…
1Opinion of the CourtR. W. Walker, J.
The certificate of the clerk, at tached to the transcript from the circuit court of Wilcox county, was a substantial compliance with the requirements of section 3613 of the Code ; and, as the only objection made to the transcript, was because of the insufficiency of the certificate^ the court did not err in overruling it.
[2.] ' The copy of the indictment served on the defendant, was a copy of the indictment as found by the grand jury; and that, we think, was sufficient, although the solicitor had entered a nolle-$roseqtú as to one of the counts.
[3.] If, after the court has charged the jury…
2Cases cited1 opinion
- Hudson v. StateIndiana Supreme Court · 1824
3Cited by7 opinions
- Eiland v. StateSupreme Court of Alabama · 1875
- Hemingway v. GarthSupreme Court of Alabama · 1874
- Thompson v. StateAlabama Court of Appeals · 1931
- Hall v. StateSupreme Court of Alabama · 1874
- Wiggins v. StateSupreme Court of Alabama · 1943
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