Hawkins v. State
Supreme Court of Alabama
On a point reserved by the Limestone Circuit Court. This was a question reserved by the court-below, for the, ■ determination of this court, arising on the trial of Hawkins for horse-stealing. The prisoner pleaded, that subsequent to the commission of the offence with'which he was charged, if committed at all, he had been convicted for negro-stealing, and that he had been pardoned by the Governor, for this last mentioned offence.
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On a point reserved by the Limestone Circuit Court. This was a question reserved by the court-below, for the, ■ determination of this court, arising on the trial of Hawkins for horse-stealing. The prisoner pleaded, that subsequent to the commission of the offence with'which he was charged, if committed at all, he had been convicted for negro-stealing, and that he had been pardoned by the Governor, for this last mentioned offence. To this plea there was a demurrer; which was sustained by the court.' Upon the plea of not guilty the prisoner was then tried and convicted. The question reserved…
1Opinion of the Court
Ey Mr. Chief Justice Saffold :
Hawkins, the prisoner, was, at a recent term of the circuit court of Limestone county, convicted of the crime of horse stealing.
He pleaded in bar 'of this indictment, that at a previous term of the said court, he had been convicted of the crime of negro-stealing; that for this last mentioned offence, he had been pardoned by the Governor of the State ; and that the offence for which he, the prisoner, then stood indicted, was committed, if at all, prior to the said former conviction. To this plea, the solicitor demurred — the court sustained the demurrer, after…
2Cited by2 opinions
- Whitehead v. StateAlabama Court of Appeals · 1918
- Singleton v. StateMississippi Supreme Court · 1894