Berry v. State
Supreme Court of Alabama
From the Circuit Court of Elmore. Tried before the Hon. James Q. Smith. The defendants in this case, Isaac L. Berry and Charles Holman, were indicted jointly with one James Holman at the September term of said court, 1879, for the murder of Jabez P. Rawls; and were tried at the same'term, issue being joined on the plea of not guilty, interposed by each defendant.’’ The jury returned a verdict of not guilty as to the two Holmans, but found Berry guilty of murder in the second…
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From the Circuit Court of Elmore. Tried before the Hon. James Q. Smith. The defendants in this case, Isaac L. Berry and Charles Holman, were indicted jointly with one James Holman at the September term of said court, 1879, for the murder of Jabez P. Rawls; and were tried at the same'term, issue being joined on the plea of not guilty, interposed by each defendant.’’ The jury returned a verdict of not guilty as to the two Holmans, but found Berry guilty of murder in the second degree, and affixed his punishment at imprisonment in the penitentiary for fifty years; and judgment was rendered…
1Opinion of the CourtBrickell, C. J.
— The plea of the appellant Holman avers a former acquittal upon the verdict of a jury, followed by a judgment discharging and liberating him, rendered, not because of any insufficiency of the indictment, nor of any irregularity in the proceedings, nor because there was any want of correspondence between the allegations of the indictment and the evidence, but solely because the evidence required that the jury should pronounce him not guilty of the entire offense charged. The plea of the appellant Berry shows that, after a trial upon the facts, before a jury duly constituted, he was found…
2Cases cited9 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- King v. Kent's HeirsSupreme Court of Alabama · 1857
- Hurt v. StateMississippi Supreme Court · 1872
- Jones v. StateSupreme Court of Alabama · 1848
- Cross v. StateSupreme Court of Alabama · 1879
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3Cited by12 opinions
- Sylvester v. StateSupreme Court of Alabama · 1882
- Clifton v. StateSupreme Court of Alabama · 1883
- Thomas v. StateSupreme Court of Alabama · 1951
- Quick v. BurtonCourt of Civil Appeals of Alabama · 2006
- Smith v. StateSupreme Court of Alabama · 1951
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