Jeffries v. State

Decided January 15, 1867

Supreme Court of Alabama · decided 1867-01-15

From the Circuit Court of Greene. Tried before the Hon. James Cobbs. The defendants in this case, who were freedmen, were indicted at the October term of said circuit court, 1865, for the larceny of two mules; were tried and convicted at the same term, and sentenced to ten years’ imprisonment in the' penitentiary.

Relies on Cobia v. State · State v. Hughes · Collins v. Seay

Good law ✅— No negative treatment on recordhow we know

Decided 1867-01-15

How this case has been cited

Cited by 6 later decisions — most recently March 1978

6 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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A. I. WALLER, C. J.

¶1We regard it as well established law in this State, that a prisoner may waive his constitutional immunity against being a second time placed in jeopardy, and that he does make such waiver, when, by a proceeding instituted by himself, he procures a reversal of his conviction. - Hughes v. The State, 35 Ala. 347; Cobia v. The State, 16 Ala. 781; State v. Hughes, 2 Ala. 102; State v. Abram, 4 Ala. 272; Ned v. The State, 7 Porter, 187; State v. Phil, 1 Stewart, 31. The fact that the prisoner had suffered a portion of the prescribed imprisonment, before the reversal of his case, can not change the principle. The failure of the court to delay the punishment, pending the proceedings in the supreme court, may give the prisoner a *385strong claim on the executive clemency, for a reduction of the period of imprisonment; but it does not present any legal bar to another trial, after he has procured a reversal

¶2Affirmed.