Smith v. State
Supreme Court of Alabama
FROM tbe City Court of Montgomery. Tried before tbe Hon. Thomas M. Arrington. cited Ex parte Bryan, 4A Ala. 402; Hall’s Case, 40 Ala. 698; Henry’s Case, 33 Ala. 389; Ex parte Dorsey, 7 Porter, 293; Con. of 1868, Art. 1, §§ 1 and 2; Spicer’s base, 69 Ala. 162; Sylvester’s base, 71 Ala. 17; Scott v. Simons, 70 Ala. 352; Jefferson County v. Truss, 85 Ala. 486.
1Opinion of the CourtHaralson, J.
Tbe defendant was indicted in tbe City Court of Montgomery, at its October term, 1892, for grand larceny. He was tried on tbe 14tb of November, following, and was convicted and sentenced to tbe penitentiary for three years.
He moved in arrest of judgment upon tbe ground, that tbe day for tlie trial of bis cause was set by tbe clerk of tbe court, without any order of tbe court setting tbe cause for trial, and that tbe defendant was in custody of tbe court when tbe clerk set tbe day for trial, but was not present either in person or by attorney at that time. This motion was overruled by. tbe…
2Cases cited3 opinions
- Mobile & Ohio Railroad v. StateSupreme Court of Alabama · 1857
- Pearce v. Bank of MobileSupreme Court of Alabama · 1859
- Jefferson County v. TrussSupreme Court of Alabama · 1888
3Cited by1 opinion
- Richardson Bros. & Co. v. FieldsSupreme Court of Alabama · 1899