Willingham v. State

Supreme Court of Alabama

Willingham v. State

14 Ala. 539

CourtSupreme Court of Alabama

DecidedJune 15, 1848

StatusPublished

Cited by4 cases

This text of 14 Ala. 539 (Willingham 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

Willingham v. State, 14 Ala. 539 (Ala. 1848).

Pincite

Opinion

CHILTON, J.

The writ of error in this case must be dismissed. There is no judgment against the defendant, from which a writ of error will lie; the error complained of is, that the court permitted the State’s solicitor to enter a nolle prosequi, so as to prefer a new indictment, corresponding with the facts constituting the alledged offence. The judgment of the court discharges the defendant from the former indictment, and if he was'improperly detained in custody .after the nolle prosequi was entered, this is not his remedy.

Writ off error dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

CHILTON, J.

The writ of error in this case must be dismissed. There is no judgment against the defendant, from which a writ of error will lie; the error complained of is, that the court permitted the State’s solicitor to enter a nolle prosequi, so as to prefer a new indictment, corresponding with the facts constituting the alledged offence. The judgment of the court discharges the defendant from the former indictment, and if he was'improperly detained in custody .after the nolle prosequi was entered, this is not his remedy.

Writ off error dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

14 Ala. 539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willingham-v-state-ala-1848.

Opinion

Related

Cite This Page — Counsel Stack