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28 Ala. 9

Franklin v. State

Supreme Court of Alabama

Decided January 15, 1856

Supreme Court of Alabama · decided 1856-01-15

Fbom the Circuit Court of Walker. Tried before the Hon. Thos. A. Walker.

Key passage — most relied on by later courts

“[c]onfessions of guilt, voluntarily made by a person, are admissible evidence against him, although they were made after he was arrested, and whilst his hands were tied with a rope and his feet with a bridle”

quoted by 1 later decision, including 645 So. 2d 344 - Battle v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1856-01-15

How this case has been cited

Cited by 15 later decisions — most recently May 1994

15 state decisions

40185618601870188018901900191019201930194019501960197019801990decided

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.

View the full empirical analysis of this case →

BICE, C. J.

¶2Where the trial and conviction occur at the term at which the indictment was found, the ■ court may, at any time during that term, as well after as before the conviction, cause its clerk to endorse on the indictment, “filed,” and to date such endorsement according to the fact, and to sign it; and may also cause an entry to be made on the minutes, that the indictment was returned into, court by the grand jury, and the day on which it was so returned into court. Over such matters the court has control during the term, and may alter, amend, or set them aside, as justice may require. — Saunders v. Coffin, 16 Ala. R. 421.

¶3These plain principles dispose of the present case, and force us to the conclusion that there is no error which can avail the prisoner.

¶4The judgment is affirmed; and as the sentence of conviction has been suspended that the case might be here reviewed, it is adjudged that the prisoner be executed by the sheriff of Walker county, in the manner prescribed by law, on Friday, the 21st day of March, 1856, between the hours of 10 o’clock, A. M., and 4 o’clock, P. M., of that day, by being hanged by the neck until he is dead. And the jailer of Tuskaloosa county must deliver the prisoner to the sheriff of Walker county, on demand made by said sheriff, who must execute this sentence in Walker county.

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