Bell & Murray v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before Hon. John D. Cunningham. Tbe indictment in this case contained four counts. The first count was nolle prossed. The second count charges that the defendants, Bell and Murray, “broke into and entered ” a building wbicb it described, in which “ goods, merchandise, trunks, silver-ware, At the spring term, 1878, of the city court, the defendants having gone to trial on plea of not guilty, were convicted of burglary.
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Appeal from the City Court of Montgomery. Tried before Hon. John D. Cunningham. Tbe indictment in this case contained four counts. The first count was nolle prossed. The second count charges that the defendants, Bell and Murray, “broke into and entered ” a building wbicb it described, in which “ goods, merchandise, trunks, silver-ware, At the spring term, 1878, of the city court, the defendants having gone to trial on plea of not guilty, were convicted of burglary. The verdict of the jury was, “ we, the jury, find the defendants, Richard Bell and George Murray, guilty of burglary.” The…
1Opinion of the CourtBrickell, J.
A paradox is a proposition seemingly absurd, yet true in fact. An instance is, that under the *692constitution and laws of Alabama, and under an indictment charging the defendant with two distinct felonies, two verdicts rendered at different terms of the primary court, the first expressly finding him guilty of one of the felonies, the second expressly finding him guilty of the other, may, when accompanied by an unauthorized discharge of the second jury, amount to an acquittal, and operate as such.
Section 9 of Article 1 of our State constitution, provides: “That no person shall be accused,…
2Cases cited14 opinions
- Jones v. StateTexas Supreme Court · 1854
- Ogletree v. StateSupreme Court of Alabama · 1856
- Oliver v. StateSupreme Court of Alabama · 1850
- People v. GilmoreCalifornia Supreme Court · 1854
- Johnson v. StateSupreme Court of Alabama · 1856
9 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Johnson v. StateSupreme Court of Alabama · 1893
- Gunter v. StateSupreme Court of Alabama · 1887
- Lewis v. StateSupreme Court of Alabama · 1874
- Sylvester v. StateSupreme Court of Alabama · 1882
32 more not listed; retrieve them via the Exa API.