Johnson v. State
Supreme Court of Alabama
From the Circuit Court of Cleburne, The record does not show the name of the presiding judge. , The defendant in this case, Marcus Johnson, was indicted lor the larceny of a barrel of flour, the personal property of Thomas E. Luke ; and the indictment also contained counts for receiving and concealing the barrel of flour, knowing that it had been stolen.
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From the Circuit Court of Cleburne, The record does not show the name of the presiding judge. , The defendant in this case, Marcus Johnson, was indicted lor the larceny of a barrel of flour, the personal property of Thomas E. Luke ; and the indictment also contained counts for receiving and concealing the barrel of flour, knowing that it had been stolen. The defendant filed a special plea in bar, averring “ that for the same offense for which he now stands indicted he was, on the 15th day of November. 188(1, arraigned before J. L. York, justice of the peace for precinct No. 10, in said…
1Opinion of the CourtSomervlle, J.
— The plea of former jeopardy or acquittal, under whichever head it may be classed, was fatally defective, and the demurrer to it was properly sustained.
The affidavit and warrant, under which the appellant was arrested by the justice of the peace, and under which the pi'oceedings before him occurred, alleged no probable cause to believe that the defendant was guilty of the offense charged. The constitution prohibits the issue of any warrant to seize or arrest any person, “ without probable cause, supported by oath or affirmation.”' — -Const. 1875, Art. 1, § 6; Code, 1876, §§ 4650, 4651. For…
2Cited by24 opinions
- Ross v. StateCourt of Criminal Appeals of Alabama · 1988
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Robertson v. StateAlabama Court of Appeals · 1924
- Poole v. StateCourt of Criminal Appeals of Alabama · 2002
- Butler v. StateSupreme Court of Alabama · 1900
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