Batre v. State
Supreme Court of Alabama
Error to the Criminal Court of Mobile. Tried before the Hon. John, E. Jones. The plaintiff in error was indicted for refusing to testify in gaming cases, before the grand jury, after being summoned and having appeared before them.
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Error to the Criminal Court of Mobile. Tried before the Hon. John, E. Jones. The plaintiff in error was indicted for refusing to testify in gaming cases, before the grand jury, after being summoned and having appeared before them. The indictment, to which there' was a demurrer, charges, that “ William H. Platt, then and there being solicitor, of’the sixth judicial circuit of the State of Alabama, 'sent a supimops in the name of him, the said William H. Platt, solicitor- as aforesaid, to one Alfred Batre, to be and appear instantly before the grand jury, selected, empannelled, and sworn and…
1Opinion of the CourtDabgan, C. J.
In framing an indictment upon a statute creating an offence, it is not always enough to charge the offence in the language of the act, for such a charge may not allege the fact or facts which constitute the offence, which must always be done, whether the offence be created by statute, or whether it existed at the common law. — Turnipseed v. The State, 6 Ala. 664; State v. Brown, 4 Port. 413; State v. Worrell, 12 Ala. 732; Williams v. The State, 15 ib. 260. For instance, in an indictment upon a statute against usury, it would be insufficient to charge- that the party took more than lawful…
2Cases cited6 opinions
- Townsend v. StateIndiana Supreme Court · 1828
- Pierce v. StateSuperior Court of New Hampshire · 1843
- Turnipseed v. StateSupreme Court of Alabama · 1844
- Pierson v. StateSupreme Court of Alabama · 1847
- State v. BrownSupreme Court of Alabama · 1837
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. BurpeeSupreme Court of Vermont · 1892
- Warren v. StateSupreme Court of Alabama · 1916
- State v. WrightSupreme Judicial Court of Maine · 1865
- Alabama Ride Co. v. VanceSupreme Court of Alabama · 1938
- Anderson v. StateSupreme Court of Alabama · 1872
2 more not listed; retrieve them via the Exa API.