Coleman v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before Hon. Thomas M. Arringtoni The facts are sufficiently stated in the opinion. ' The judgment-entry is not a substantial comjdiance with the form laid down, nor with the terms of the statute. It fails to set out the variance.
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Appeal from the City Court of Montgomery. Tried before Hon. Thomas M. Arringtoni The facts are sufficiently stated in the opinion. ' The judgment-entry is not a substantial comjdiance with the form laid down, nor with the terms of the statute. It fails to set out the variance. It fails to show that the prosecution was dismissed, and that another indictment was ordered to be preferred. — -Code of 1876, §§ 4816-17. • The second indictment was not, therefore, connected with the first so as to come within the terms of section 4820 of the Code, and hence, the offense charged was barred by the…
1Opinion of the CourtStone, J.
The offense, a misdemeanor, for which the defendant was tried, was committed in December, 1880. The *313indictment, under wbicb he was tried and convicted, was found at the July term, 1882, more than twelve months after the ■offense was committed. The offense was consequently barred by limitation, unless the record shows a state of facts which takes it out of the operation of the statute. It is contended, and was so ruled in the court below, that the record facts in this case do bring it within the saving influence of sections 4816 .to 4820, inclusive, of the Code of 1876; and this presents the…
2Cases cited3 opinions
- Weston v. StateSupreme Court of Alabama · 1879
- Foster v. StateSupreme Court of Alabama · 1863
- State v. KrepsSupreme Court of Alabama · 1846
3Cited by7 opinions
- Davenport v. StateCourt of Criminal Appeals of Oklahoma · 1921
- Allen v. StateCourt of Criminal Appeals of Alabama · 1985
- Lyles v. StateAlabama Court of Appeals · 1959
- Bube v. StateSupreme Court of Alabama · 1884
- McClellan v. StateSupreme Court of Alabama · 1898
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