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1880 Criminal Court Minutes

Compiled in August 1993 and submitted by Jacquelyn Cox Otts

Note: The Criminal Court Minutes, 1877-84 are included in the same book as the County Court Minutes 1838-50. The information entered in the book is limited. Below is information on some of the cases recorded.

JANUARY 5, 1880
Honorable T. J. Smitherman, Presiding

The State vs Archie Dabine - Assault and Battery - p. 287
J. L. Peters, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and fined $10.00 and costs. Sureties: D. W. C. Cleveland, Catherine Wilson, Edmond Williams.

The State vs Archie Dobine - Assault and Battery with a Weapon - p. 287
Case continued.

The State vs Gre__ Suttle alias Babe? Suttle - Petit Larceny - p. 288
J. L. Peters, prosecutor for the State. Defendant asked for a jury trial. Case was bound over to the next term of the Circuit Court.

The State vs Uriah Fuller - Using Abusive or Insulting or Vulgar Language in the Presence of Females - p. 288
J. L. Peters, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and fined $5.00 and costs. Sureties: Melford Woolley and Sam Abercrombie.

The State vs L. W. Massengill - Assault With Intent to Murder - p. 288-289
J. L. Peters, prosecutor for the State, asked that the court amend the complaint filed to charge the Defendant with the offense of assault and battery with a weapon. Defendant entered a plea of guilty. He was fined $10.00 and costs. Sureties: Houston Bowling and William McNeal.

The State vs Houston Bowling - Assault and Battery with a Weapon - p. 289-290
J. L. Peters, prosecutor for the State. Defendant entered a plea of guilty and was fined $10.00 and costs. Sureties: David D. Potts and William E. Potts.

The State vs Anderson Fondren - Using Abusive Language in Presence of Females - p. 290
J. L. Peters, prosecutor for the State. Defendant asked for a jury trial. Defendant was bound over for his appearance at the next term of the Circuit Court.



FEBRUARY 2, 1880
Honorable Thomas J. Smitherman, Presiding

The State vs Archie Dobrine - Assault and Battery - p. 291
J. L. Peters, prosecutor for the State. Defendant entered a plea of not guilty. After hearing the evidence the court found the defendant innocent.

The State vs Fayette Calhoun alias Fayet Calhoun - Assault and Battery - p. 291
J. L. Peters, prosecutor for the State. Defendant entered a plea of guilty and was fined $5.00 and costs. Sureties: Henry Peters and J. T. Avery.

The State vs Jemison Duff - Assault With Intent to Murder - p. 292
J. L. Peters, prosecutor for the State. Defendant entered a plea of guilty to assault and battery with a weapon and was fined $5.00 and costs. Sureties: N. H. Thompson, Bill Duff, and Edmond Duff.

The State vs Jemison Duff - Assault and Battery - p. 292-293
J. L. Peters, prosecutor for the State. Defendant entered a plea of guilty and was fined $10.00 and costs. Sureties: N. H. Thompson, Bill Duff and Edmond Duff.



FEBRUARY 4, 1880

The State vs Tom James alias Tom Jackson - Disturbing Females in a Public Assembly - p. 293
J. L. Peters, prosecutor for the State. Defendant entered a plea of guilty and was fined $20 and costs. The Court then reduced the fine to $1.00.



MARCH 1, 1880
Honorable T. J. Smitherman, Presiding

The State vs Tobe? Wilson - Petit Larceny - p. 294
J. L. Peters, prosecutor for the State. Defendant entered a plea of guilty and was fined $2.00, half to go to the State of Alabama and half to J. C. Suttle from whom the property was stolen, and costs. J. C. Suttle was surety. "It is therefore considered by the Court that the State of Alabama for the use of Bibb County and J. C. Suttle have and recover of the said Tobe Wilson and J. C. Suttle the said sum of Two Dollars together with all the costs in this behalf expended . . ." [Are we confused yet?]



APRIL 5, 1880
Honorable T. J. Smitherman, Presiding

The State vs Sam Hill - Using Abusive or Insulting Language in Presence of Females - p. 295
J. L. Peters, prosecutor for the State. Defendant entered a plea of guilty and was fined $1.00 and costs. Sureties: J. G. L. Henry and C. L. Barker.

The State vs Wilson Hill - Assault and Battery - p. 295
"In this cause the prosecution appearing to be malicious and frivolous the Defendant is discharged."



MAY 3, 1880
Honorable Thomas J. Smitherman, Presiding

The State vs Charles Howard - Petit Larceny - p. 296
J. L. Peters, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and sentenced to 30 days to pay the fine.

The State vs Charles Howard - Petit Larceny - p. 296
Case continued.



JUNE 7, 1880
Honorable Thomas J. Smitherman, Presiding

The State vs Charles Howard - Petit Larceny - p. 297
J. L. Peters, prosecutor for the State. Defendant entered a plea of guilty and was sentenced to 98 days in the County Jail to pay the fine.

The State vs Pompi Conwill - Selling Mortgaged Property - p. 297
J. L. Peters, prosecutor for the State. Defendant entered a plea of guilty to the offense of selling mortgaged property without any willful intent. He was fined $5.00 and costs. Surety: J. C. Suttle.



JUNE 26, 1880
Honorable Thomas J. Smitherman, Presiding

The State vs Marshall Avery - Carrying a Concealed Weapon - p. 298
J. L. Peters, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and fined $50.00 and costs and sentenced to 98 days in the County Jail of Perry County. Sheriff of Bibb Co. was ordered to deliver Marshall Avery to Sheriff of Perry Co. within 5 days.



AUGUST 3, 1880
Honorable T. J. Smitherman, Presiding

The State vs Lafayette Findley - Petit Larceny - p. 299
"In cause the prosecution appearing to be malicious and frivolous the defendant is discharged."

The State vs Charles Howard - Petit Larceny - p. 299
Case continued.



OCTOBER 4, 1880
Honorable T. J. Smitherman, Presiding

The State vs Abe Griffin - Assault and Battery with a Weapon - p. 300
J. L. Peters, prosecutor for the state. Defendant entered a plea of not guilty. He was found guilty and fined $5.00 and costs. Surety: Thomas H. Jones.

The State vs P. C. Bean? - Selling Mortgaged Property - p. 300
Case dismissed on motion of S? D. Logan, prosecutor for the state.

The State vs Marshall Avery - Carrying Concealed Weapon - p. 300-301
J. L. Peters, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and fined $50.00 and costs. Defendant unable to pay fine and costs or give security. Sentenced to 20 days hard labor for the County of Bibb to pay fine and additional hard labor at the rate of $0.20 per day until all costs were paid.

The State vs Marshall Avery - Resisting an Officer - p. 300
J. L. Peters, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and fined $50 and costs. Defendant unable to pay the fine and costs. He was sentenced to 20 days hard labor for the County of Bibb to pay the fine and additional hard labor for the county at the rate of $0.20 per day until all the costs were paid.

The State vs Robert Latham - Assault and Battery with a Weapon - p. 301-302
S. D. Logan, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and fined $5.00 and costs. Securities: Johny Latham, Enoch Latham, and R. J. Rottenberry.



DECEMBER 6, 1880
Honorable Jno. S. Gardner, Presiding

The State vs William Courson alias Will Courson - Assault and Battery With a Weapon - p. 303
J. N. Suttle, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and fined $5.00 and costs.

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