De Bardeleben v. State

Decided April 4, 1918

Supreme Court of Alabama · decided 1918-04-04

E. L. De Bardeleben was convicted of burning an insured house with the intent to defraud the insurer. From a judgment of the Court of Appeals (77 South. 979), reversing and remanding, he applies for writ of certiorari.

Good law ✅— No negative treatment on recordhow we know

Certiorari denied · Decided 1918-04-04

How this case has been cited

Cited by 21 later decisions — most recently November 1998

21 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SAYRE, J.

¶1 This court is satisfied that the Court of Appeals has reached a correct conclusion on the two points brought into question by the application in this ease (De Bardeleben v. State, 77 South. 979), namely: (1) The admissibility of the testimony of the defendant’s wife; and (2) the admissibility of the entry made by the clerk of the circuit court going to show the quashal of a previous indictment and an order that another be preferred. In a proper proceeding and upon competent evidence the minutes of the court may yet be amended to show the judgment of the court in that matter, as the Court of Appeals has indicated.

¶2 Certiorari denied.

ANDERSON, C. J., and McCLELLAN and GARDNER, JJ., concur.