Legal Opinion

Pickens v. State

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 4 opinions

Appeal from the City Court of Selma. Tried before the Hort. JONATHAN Haealson. The appellant, Ed. Pickens, was indicted for the larceny of a horse, the personal property of one "Win. A. Gay.

Read the full summary

Appeal from the City Court of Selma. Tried before the Hort. JONATHAN Haealson. The appellant, Ed. Pickens, was indicted for the larceny of a horse, the personal property of one "Win. A. Gay. The judgment entry recites that “this day came the State of Alabama, &o., . . . and the defendant demurs to the indictment in this cause, on the ground' that the character <&, between the words “took” and “carried,” does not represent the word “and,” and that the words “carried” and “horse” are not so spelled out as to certainly appear what they are, and the court having considered said demurrer, it is…

1Opinion of the Court

BRICKELL, 0. J.

1. We have inspected the original indictment transmitted with the record, under an order of the City Court, and we concur in the opinion of that court, that the objection to it of illegibility cannot be sustained. Nor is there such uncertainty or obscurity as to the words intended, as would have justified the hearing of evidence in reference to them. — Sayres v. State, 30 Ala. 15. The sign &, for and, *365has been used in practice too long for a court now to entertain an objection to its employment.

2. The oath administered to the jury is not that prescribed by the statute, and…

2Cases cited5 opinions

  1. Kelsoe v. StateSupreme Court of Alabama · 1872
  2. Edwards v. StateSupreme Court of Alabama · 1873
  3. Sayres v. StateSupreme Court of Alabama · 1857
  4. Blair v. StateSupreme Court of Alabama · 1875
  5. Bush v. StateSupreme Court of Alabama · 1875

3Cited by4 opinions

  1. State v. McPhersonSupreme Court of Iowa · 1901
  2. Beedy v. FinneySupreme Court of Iowa · 1902
  3. State v. CallawayWyoming Supreme Court · 1954
  4. Malton v. StateCourt of Appeals of Texas · 1891

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API