Black v. State

Supreme Court of Alabama

Black v. State

123 Ala. 78

CourtSupreme Court of Alabama

DecidedNovember 15, 1898

StatusPublished

Cited by6 cases

This text of 123 Ala. 78 (Black v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Black v. State, 123 Ala. 78 (Ala. 1898).

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Opinion

McCLELLAN, C. J.

The plea of former conviction was fatally defective in not setting out the affidavit on which the alleged former trial was had.—Henry v. State, 33 Ala. 389; Foster v. State, 39 Ala. 229; Baysinger v. State, 77 Ala. 60; Cross v. State, 117 Ala. 73; Hollis v. State, ante, p. 74.

If the State should have been put to its demurrer to this plea, the error in adjudging it bad oh the motion to strike could not have prejudiced the defendant since the motion specifically pointed out its defects, and thus afforded defendant every advantage he would have had upon demurrer. — Code, §4333.

Affirmed!

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McCLELLAN, C. J.

The plea of former conviction was fatally defective in not setting out the affidavit on which the alleged former trial was had.—Henry v. State, 33 Ala. 389; Foster v. State, 39 Ala. 229; Baysinger v. State, 77 Ala. 60; Cross v. State, 117 Ala. 73; Hollis v. State, ante, p. 74.

If the State should have been put to its demurrer to this plea, the error in adjudging it bad oh the motion to strike could not have prejudiced the defendant since the motion specifically pointed out its defects, and thus afforded defendant every advantage he would have had upon demurrer. — Code, §4333.

Affirmed!

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Bluebook (online)

123 Ala. 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-v-state-ala-1898.

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