37 Ala. 152
Decided January 15, 1861
Supreme Court of Alabama · decided 1861-01-15
Feom the Circuit Court of Dallas. Tried before the Hon. Porter King. . The indictment in this case contained two counts; the first charging the prisoner with larceny from “a dwelling-house and the second, with larceny from “ a shop.” The jury returned a general verdict of guilty, and the court thereupon sentenced the prisoner to confinement in the penitentiary for three years.
Relies on Kane v. People · Johnson v. State · Mose v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1861-01-15
Cited by 15 later decisions — most recently June 1973
15 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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¶1The first point made in this case is, that, as the sentence is copied into the transcript before the indictment, it must be inferred, that the sentence of the court preceded the finding of the indictment; and that, therefore, the accused was tried and sentenced without an-indictment. We cannot sustain this point.
¶2
¶3Judgment affirmed.