Mose v. State
Supreme Court of Alabama
From the Circuit Court of Perry. Tried before the Hon. Porter King. The indictment in this case was found at the fall term, 1858, of the circuit court of Dallas, and contained two counts; the first charging, “that Mose, alias Moses, a negro man slave,unlawfully,and with malice aforethought, killed Martin Oaks, by shooting him with a gun” ; and the second, “ that Mose, alias Moses, a negro man slave, unlawfully, and with malice aforethought, killed Martin Oaks, a white…
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From the Circuit Court of Perry. Tried before the Hon. Porter King. The indictment in this case was found at the fall term, 1858, of the circuit court of Dallas, and contained two counts; the first charging, “that Mose, alias Moses, a negro man slave,unlawfully,and with malice aforethought, killed Martin Oaks, by shooting him with a gun” ; and the second, “ that Mose, alias Moses, a negro man slave, unlawfully, and with malice aforethought, killed Martin Oaks, a white person, by shooting him with a pistol.” The trial was removed by the prisoner to the circuit court of Perry, and was there had…
1Opinion of the CourtA. J. Walker, C. J.
The point was made in the court below, and is now pressed in this court, that the defendant could not be subjected to trial upon the indictment in this case, because there was no formal entry of the fact that the grand jury returned the indictment into court. The objection was, not that the indictment was really never returned into court by the grand jury, but that the fact of its return was not recited upon the minutes of the court. The questions presented are, therefore, simply whether the entry upon the minutes, of the bringing of the indictment into court by the grand jury, is necessary…
2Cases cited3 opinions
- Johnson v. StateSupreme Court of Alabama · 1850
- State v. ClarksonSupreme Court of Alabama · 1842
- Shaw v. StateSupreme Court of Alabama · 1851
3Cited by30 opinions
- Roan v. StateSupreme Court of Alabama · 1932
- Hubbard v. StateSupreme Court of Alabama · 1882
- McKee v. StateSupreme Court of Alabama · 1886
- Kilgore v. StateSupreme Court of Alabama · 1883
- State v. CampbellSupreme Court of Missouri · 1908
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