Russell v. State
Supreme Court of Alabama
Appeal from Barbour Oircuit Court. Tried before Hon. H. D. ClaytoN. At tiie fall term, 1882, of said court tbe indictment in this case was returned by the grand jury, and at the same term the defendant was tried and convicted. The indictment is set out in the opinion.
Read the full summary
Appeal from Barbour Oircuit Court. Tried before Hon. H. D. ClaytoN. At tiie fall term, 1882, of said court tbe indictment in this case was returned by the grand jury, and at the same term the defendant was tried and convicted. The indictment is set out in the opinion. The act relied on for a conviction was the sale of a stated amount of cotton in the seed, within the hours prohibited by the statute, to'one Wiggins, who, as the evidence tended to show, purchased for the defendant, as his agent, and with his money. It was shown that the defendant was not present at the time of the purchase ;…
1Opinion of the Court
SOMEBYILLE, ‘J.
The indictment charges that the defendant “ did bv/y, sell, receive, barter, or dispose of two hundred and ninety pounds of seed cotton, after the how of sunset and before the how of stmrise of the next succeeding day, against the peace and dignity of the State of Alabama.” The offense charged is one violative of section 4369 of the Code, as amended by the act approved February 12,1879. — Code, 1876, § 4369; Acts 1878-79, p. 63.
It is very clear that the indictment is bad for uncertainty. It is no objection, however, that the several offenses denounced by the statute are stated…
2Cases cited3 opinions
- Noble v. StateSupreme Court of Alabama · 1877
- Nall v. StateSupreme Court of Alabama · 1859
- Seibert v. StateSupreme Court of Alabama · 1866
3Cited by7 opinions
- Motes v. BatesSupreme Court of Alabama · 1883
- Philyaw v. City of BirminghamAlabama Court of Appeals · 1951
- Echols v. StateAlabama Court of Appeals · 1951
- Jackson v. StateAlabama Court of Appeals · 1952
- Lashley v. StateAlabama Court of Appeals · 1938
2 more not listed; retrieve them via the Exa API.