Brown v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. The appellant was indicted, tried and and convicted upon two separate indictments, charging him with petit larceny. The two cases involve identically the same rulings, and on' appeal to this court are submitted together.
Read the full summary
Appeal from the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. The appellant was indicted, tried and and convicted upon two separate indictments, charging him with petit larceny. The two cases involve identically the same rulings, and on' appeal to this court are submitted together. On August 20, 1894, there was a warrant sworn out before a justice of the peace of Montgomery county, charging the defendant, Brown, with the larceny of several articles at diffierent times. The language of the affidavit upon which this warrant was issued was as follows: “That in said county…
1Opinion of the Court
HARALSON; J.
It is conceded, that the warrant of arrest, sued out before the justice, on which defendant was arraigned and tried by him and bound over tu the grand jury, had reference to several distinct petit larcenies, having no connection with each other; that no one of the charges constituted grand larceny; that the grand jury found for these same offenses three separate and distinct bills of indictment, two of them being the cases now before us on these two transcripts; and that, on the third, defendant was tried in the city court and acquitted on his plea of former jeopardy before the…
2Cases cited4 opinions
- Foster v. StateSupreme Court of Alabama · 1889
- Nicholson v. State ex rel. CollinsSupreme Court of Alabama · 1882
- Ex parte Pruitt & HarperSupreme Court of Alabama · 1892
- Ex parte CrawlinSupreme Court of Alabama · 1890
3Cited by10 opinions
- In Re Application of HarronCalifornia Supreme Court · 1923
- Everage v. StateAlabama Court of Appeals · 1916
- Savage v. StateAlabama Court of Appeals · 1921
- State v. McFarlandSupreme Court of Alabama · 1898
- Brown v. StateAlabama Court of Appeals · 1941
5 more not listed; retrieve them via the Exa API.