Bradford v. State
Supreme Court of Alabama
Appeal from Circuit Court of Hale. Tided before Hon. George H. Craig. The appellant, Nelson Bradford, was indicted for an assault with intent to ravish, in the form prescribed in the Code. The indictment was demurred to on the ground that it failed to show the acts which constituted the assault, or the manner in which it was made. The demurrer was overruled, and defendant excepted.
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Appeal from Circuit Court of Hale. Tided before Hon. George H. Craig. The appellant, Nelson Bradford, was indicted for an assault with intent to ravish, in the form prescribed in the Code. The indictment was demurred to on the ground that it failed to show the acts which constituted the assault, or the manner in which it was made. The demurrer was overruled, and defendant excepted. After -all the evidence was in, and the solicitor was about to commence his argument, it was discovered that the indictment had been lost during the trial, and since the demurrer and plea of not guilty. Counsel for…
1Opinion of the CourtBrickell, C. J.
The indictment follows strictly the *231form presorided by the Code, and its sufficiency cannot be questioned.
Courts of record, independent of express legislation, have power to substitute any of the files or records which may be lost or destroyed. The power is matter of necessity, whether the loss occurs while the cause is in fieri, before it has progressed to final judgment, or after such judgment has been rendered, and whether the loss is of the whole record, or of papers which,- when it is finally made up, will constitute parts of it.—McLendon v. Jones, 8 Ala. 298 ; Dozier v. Joyce, 8 Port.…
2Cases cited8 opinions
- McLendon v. JonesSupreme Court of Alabama · 1845
- State v. ClarksonSupreme Court of Alabama · 1842
- Wilkerson v. BranhamSupreme Court of Alabama · 1843
- Ganaway v. StateSupreme Court of Alabama · 1853
- Talladega Insurance v. LandersSupreme Court of Alabama · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. RiversSupreme Court of Iowa · 1882
- Roberson v. StateSupreme Court of Florida · 1903
- Lewis v. StateAlabama Court of Appeals · 1913
- State v. . McDraughonSupreme Court of North Carolina · 1914
- State v. JohnsonSupreme Court of Iowa · 1901
9 more not listed; retrieve them via the Exa API.