Moses v. State
Supreme Court of Alabama
Appeal from City Court of Mobile. Tried, before Hon. O. J. Semmes. The appellant Moses was indicted and convicted for setting up and carrying on a lottery, without the legislative authority. One Murphy, who was indicted for a similar offense, growing out of the transaction for which Moses was indicted, was the only witness for the prosecution; the court having-allowed a nolle pros, as to Murphy at the request of the State.
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Appeal from City Court of Mobile. Tried, before Hon. O. J. Semmes. The appellant Moses was indicted and convicted for setting up and carrying on a lottery, without the legislative authority. One Murphy, who was indicted for a similar offense, growing out of the transaction for which Moses was indicted, was the only witness for the prosecution; the court having-allowed a nolle pros, as to Murphy at the request of the State. This witness testified as to the manner in which Moses had carried on the lottery during the twelve months preceding the indictment, and that he, witness, was engaged…
1Opinion of the Court
BBICKELL,' C. J.
The record does not disclose that the City Court, before organizing and charging the grand jury, ascertained whether any of its members had, during the preceding twelve months, served as grand or petit jurors, as required by the statute. — Pamph. Acts, 1874-5, p. 186. This was a duty the statute imposes, but if the intendment, from the recitals of the record, be, as is urged by appellant’s counsel, that the' duty was not performed, the findings of the grand jury, as organized, are not thereby affected. The statute expressly declares, that if a grand jury is drawn in the…
2Cases cited4 opinions
- Davidson v. StateSupreme Court of Alabama · 1859
- English v. StateSupreme Court of Alabama · 1860
- Bird v. StateSupreme Court of Alabama · 1860
- Smith v. StateSupreme Court of Alabama · 1861
3Cited by4 opinions
- Washington v. StateSupreme Court of Alabama · 1886
- Bates v. StateCourt of Criminal Appeals of Alabama · 1986
- Quinn v. StateAlabama Court of Appeals · 1917
- Anderson v. StateAlabama Court of Appeals · 1933