Faulk v. State
Supreme Court of Alabama
Appeal from Circuit Court of Crenshaw. Tried before Hon. John K. Henry. Tbe appellants were indicted and convicted for arson, and sentenced to two years’ imprisonment in the penitentiary. Tbe evidence connecting them with tbe commission of tbe offence was purely circumstantial. Tbe opinion states all tbe facts necessary to a proper understanding of tbe case. Neither tbe record nor docket gives tbe name of/'appellants’ counsel.
1Opinion of the CourtBrickell, C. J.
A plea of former acquittal and of not guilty should not be interposed at tbe same time. Tbe plea of former acquittal should contain a protestation of innocence, and should precede a plea of not guilty. This last plea is not necessary, if tbe first prevails. 1 Bisb. Cr. Pr. §§ 577, 578. If tbe two pleas are tendered together, they should not be submitted to tbe jury at once, but tbe court should order tbe special plea passed upon first. Ib. If tbe plea is determined against tbe defendant, be is allowed to plead over, and to have bis trial for tbe offence itself. 1 Whart. Am. Cr. Law, § 578. On…
2Cases cited3 opinions
- Foster v. StateSupreme Court of Alabama · 1864
- Dominick v. StateSupreme Court of Alabama · 1867
- Smitherman v. StateSupreme Court of Alabama · 1855
3Cited by13 opinions
- Banks v. StateSupreme Court of Alabama · 1882
- Matthews v. StateSupreme Court of Alabama · 1876
- Parsons v. StateSupreme Court of Alabama · 1913
- Parham v. StateSupreme Court of Alabama · 1906
- Pratt v. StateCourt of Criminal Appeals of Alabama · 1972
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