Walker v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Cullman. Tried before the Hon. H. C. Speake. The indictment under which the appellant was tried and convicted was as follows : (1.) “The grand jury of said county charge that before the finding of this indictment, Robert M. Walker, alias Bob Walker, who was at the time the agent of The Singer Manufacturing Company, an incorporated company, incorporated under the laws of the State of New Jersey, embezzled or fraudulently converted to his own…
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Appeal from the Circuit Court of Cullman. Tried before the Hon. H. C. Speake. The indictment under which the appellant was tried and convicted was as follows : (1.) “The grand jury of said county charge that before the finding of this indictment, Robert M. Walker, alias Bob Walker, who was at the time the agent of The Singer Manufacturing Company, an incorporated company, incorporated under the laws of the State of New Jersey, embezzled or fraudulently converted to his own use, money to about the amount of two hundred and ten dollars, which came into his possession by virtue of his ■…
1Opinion of the CourtHead, J.
The trial court sustained a demurrer to the second count of the indictment. The fii’st and third counts were sufficient. — Huffman v. State, 89 Ala. 38.
If all the motions made by the defendant to correct or amend the minute entry of the first trial of the cause had been sustained, the record would have still showed that the jury remained together until 12 o’clock, midnight, of the last day of the term. That fact was not denied by any of the motions, though it was expressly recited in the entry of the mistrial. The jury not having rendered a verdict, were then discharged by operation of law,…
2Cases cited3 opinions
- Hodge v. StateSupreme Court of Alabama · 1892
- Hurd v. StateSupreme Court of Alabama · 1891
- Peagler v. StateSupreme Court of Alabama · 1895
3Cited by38 opinions
- Ex parte DavisSupreme Court of Alabama · 1913
- Curry v. StateSupreme Court of Alabama · 1919
- Lacey v. StateAlabama Court of Appeals · 1915
- Wall v. StateAlabama Court of Appeals · 1911
- Fulkerson v. StateCourt of Criminal Appeals of Oklahoma · 1920
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