Coster v. State
| Decision Date | 30 June 1917 |
| Docket Number | 3 Div. 275 |
| Citation | 16 Ala.App. 191,76 So. 475 |
| Parties | COSTER v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Autauga County; Leon McCord, Judge.
Pauline Coster was convicted of larceny, and appeals. Reversed and remanded.
Alexander & Tucker and Guy Rice, all of Prattville, for appellant.
W.L Martin, Atty. Gen., for the State.
The defendant was first arrested on a warrant supported by an affidavit which was sworn out before R.L. Faucett, judge of the county court of Autauga county. The complaint charged the defendant with the larceny of various and sundry household articles, among which was one hand-painted bowl of the value of $5. The aggregate value of the articles alleged to have been stolen, as shown by the complaint in the county court was $36.50.
The record proper does not show what disposition was made of this case in the county court. It does, however, show that at a subsequent date this defendant was indicted by a grand jury in the circuit court of said county, for the larceny of the same articles shown in the complaint in the county court. Upon the trial of the case in the circuit court, the defendant interposed a plea of former jeopardy. The plea is defective in substance, but its sufficiency was not tested by demurrer, and the case was tried on the theory that a proper plea of former jeopardy had been interposed.
Where parties try a cause of action upon certain issues, without objection to the manner in which they were raised, the Court of Appeals, on appeal, will treat it as if the issues had been properly raised. Dunning v. Town of Thomasville, 75 So. 276; R. & D.R.R. Co. v Farmer, 97 Ala. 141, 12 So. 86; 4 Mayfield Dig. p. 471 § 638.
All the way through the trial of this cause, the solicitor for the state treated the plea of former jeopardy as having been properly pleaded, and when the witness E.M. Thomas testified that the articles alleged in the indictment to have been stolen were taken one at a time, covering a period of about two years, and that he could not testify that any two of the articles were taken at one and the same time, and the defendant then renewed her insistence upon a judgment on her plea of former jeopardy, the state, by its solicitor confessed the plea as to all the articles, except the hand-painted bowl. It is a well-known principle of law that an attorney's solemn admissions, made in the progress of the trial of a case, are binding...
To continue reading
Request your trial
-
Sinclair v. State
... ... was sentenced to the penitentiary for life ... This ... agreement by the district attorney had the effect of a solemn ... admission on the part of the state that appellant was in fact ... insane at the time of the homicide, see Coster v ... State, 16 Ala.App. 191, 76 So. 475; and we are, ... therefore, squarely confronted with the question whether the ... said act of the legislature which attempts to abolish the ... defense of insanity is constitutionally valid. This question ... has been maturely considered by the court, ... ...
-
State v. Woodruff
...is required, as parts of his duty, to defend suits against the state. Henry v. State, 87 Miss. 1; Sinclair v. State, 132 So. 581; Coster v. State, 76 So. 475; Pearl County Bank v. Town, 89 So. 9; Bank v. U. S. F. & G., 91 So. 567; State v. Speakes, 109 So. 134; State v. Henry, 87 Miss. 125,......
-
McLendon v. State
... ... judge is connected with the father of the prosecutrix by ... affinity, and he was a party to this prosecution ... Kelly ... v. Neely, Judge, etc., 12 Ark. 667; Y. & M. V. R. Co. v ... Kirk, 102 Miss. 41, 85 So. 710; Sinclair v ... State, 161 Miss. 153, 132 So. 581; Coster v. State, 16 ... Ala. App. 1, 76 So. 475 ... The ... court erred in refusing the peremptory instruction requested ... on behalf of the defendant ... While ... in a case of assault with intent to rape a defendant can be ... convicted upon the uncorroborated testimony of ... ...
-
Blanks v. State
...Starke v. Kenan, 11 Ala. 818; Rosenbaum v. State, 33 Ala. 354; McWilliams v. Martin, 237 Ala. 624, 188 So. 677; Coster v. State, 16 Ala.App. 191, 76 So. 475; Sinclair v. State, 161 Miss. 142, 132 So. 581, A.L.R. 241; 31 C.J.S., Evidence, § 361a and b, pp. 1135-1137. There is no virtue in th......