Legal Opinion

Davis v. State

Supreme Court of Alabama

Decided January 15, 1850PublishedCited by 27 opinions

Error to the Circuit Court of Autauga. Tried before the Hon. John D. Phelan. 1. The record in this cause shows that the evidence of Connolly was not reduced to writing by the committing magistrate, as the statute requires. — Digest, 449-50, §§ 25, 27, 33. And to render evidence taken before an.examining court admissible “ it must appear that the requisitions of the statute have been complied with, otherwise the proceedings would be extra-judicial.” — Roscoe’s Grim.

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Error to the Circuit Court of Autauga. Tried before the Hon. John D. Phelan. 1. The record in this cause shows that the evidence of Connolly was not reduced to writing by the committing magistrate, as the statute requires. — Digest, 449-50, §§ 25, 27, 33. And to render evidence taken before an.examining court admissible “ it must appear that the requisitions of the statute have been complied with, otherwise the proceedings would be extra-judicial.” — Roscoe’s Grim. Ev. 7!.; Ib. 73; Russel on Crimes, 660; Rex v. Smith, 3 Starkie, 203 — sec particularly the note at the end of the case; see,…

1Opinion of the Court

DARGAN, C. J.:

The plaintiff in error was indicted and convicted in the Circuit Court of Autauga for stealing a mule. On the trial a hill of exceptions was taken which shows that the State introduced one Saunders, a justice of the peace, who swore that the deceased was arrested and brought before him *356on a charge of stealing a baggy, and that one Connolly who is now dead, testified before him on the examination of the charge and in the presence of the prisoner. The witness stated that he distinctly remembered the whole of the substance of Connolly’s testimony, but that after he had examined…

2Cases cited2 opinions

  1. Gildersleeve v. CarawaySupreme Court of Alabama · 1846
  2. Brainard v. AustinSupreme Court of Vermont · 1845

3Cited by27 opinions

  1. Williams v. StateCourt of Criminal Appeals of Alabama · 1979
  2. Thompson v. StateSupreme Court of Alabama · 1894
  3. Wyatt v. StateAlabama Court of Appeals · 1950
  4. Robertson v. StateCourt of Criminal Appeals of Texas · 1911
  5. Roberts v. StateSupreme Court of Alabama · 1881

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