Jordan v. State
Supreme Court of Alabama
Appeal from the Oity Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This case comes up on appeal to this court the second time. The appellants, Jule and Handy Jordan, two colored men, were under indictment for the murder of one Albert York, also a colored man. The homicide occurred at night in the house of one Jerry "Williams, in the county of Montgomery.
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Appeal from the Oity Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This case comes up on appeal to this court the second time. The appellants, Jule and Handy Jordan, two colored men, were under indictment for the murder of one Albert York, also a colored man. The homicide occurred at night in the house of one Jerry "Williams, in the county of Montgomery. The house consisted of two rooms with a partition wall between, in which was a door connecting the two rooms, and, on the night of the difficulty, a party was being given at this house, and for the occasion, one of the rooms…
1Opinion of the CourtClopton, J.
— The record does not show that any day was set, or special jurors summoned for the trial of the defendants, though the indictment charged a capital offense. Notwithstanding the defendants, on a former trial, were convicted of murder in the second degree, which operates an acquittal of th6 higher grade of the offense, in order that *30they may take advantage of such former acquittal, it must, under our rulings, be specially pleaded. The record can not be introduced in evidence under the plea of not guilty. Had the plea of former acquittal been interposed and sustained by the proof, or admitted…
2Cases cited14 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- Oliver v. StateSupreme Court of Alabama · 1850
- Tesney v. StateSupreme Court of Alabama · 1884
- Jordan v. StateSupreme Court of Alabama · 1885
- Jackson v. StateSupreme Court of Alabama · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- Wilson-Bey v. United StatesDistrict of Columbia Court of Appeals · 2006
- Crawford v. StateSupreme Court of Alabama · 1895
- Roan v. StateSupreme Court of Alabama · 1932
- Hall v. StateCourt of Criminal Appeals of Alabama · 1999
- Morris v. StateSupreme Court of Alabama · 1906
82 more not listed; retrieve them via the Exa API.