Davis v. State
Supreme Court of Alabama
Appeal from tlie 'Circuit Court of Lowndes. Tried before the Hon. J. C.Bichabdson. -The appellant, Mose Davis, was indicted and tried for the murder of Hannah Brown, was convicted of murder in the first degree and sentenced to be hung. Upon the day the cause was called for trial, the defendant made a motion to quash the indictment. Upon a former day of the term the defendant had been arraigned and pleaded not guilty.
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Appeal from tlie 'Circuit Court of Lowndes. Tried before the Hon. J. C.Bichabdson. -The appellant, Mose Davis, was indicted and tried for the murder of Hannah Brown, was convicted of murder in the first degree and sentenced to be hung. Upon the day the cause was called for trial, the defendant made a motion to quash the indictment. Upon a former day of the term the defendant had been arraigned and pleaded not guilty. This motion to quash the indictment was overruled, and to this ruling the defendant duly excepted. Thereupon the defendant moved the court to allow him to withdraw the plea of…
1Opinion of the Court
.TYSON, J.-
-After a plea to the merits, a motion to quash the indictment and a plea in abatement come too late. — Jackson v. The State, 74 Ala. 26; Horton v. The State, 47 Ala. 58.
It is a matter of discretion, not revisable, with the trial court whether the accused shall be permitted to withdraw the plea of not guilty and interpose 'a plea in abatement. — Williams v. The State, 3 Stew. 454; Hubbard v. The State, 72 Ala. 164.
*14The motion to quash the venire facias jwratores, as did the motion to quash the indictment and the plea in abatement proposed to be filed, proceeded solely upon the theory…
2Cases cited15 opinions
- Lawson v. StateSupreme Court of Alabama · 1852
- Hubbard v. StateSupreme Court of Alabama · 1882
- Jackson v. StateSupreme Court of Alabama · 1883
- Cooper v. StateSupreme Court of Alabama · 1888
- Chastang v. StateSupreme Court of Alabama · 1887
10 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Banks v. StateSupreme Court of Alabama · 1921
- Robinson v. StateSupreme Court of Alabama · 1943
- Hill v. StateCourt of Criminal Appeals of Alabama · 1978
- Smith v. StateSupreme Court of Alabama · 1904
- Smith v. StateSupreme Court of Alabama · 1946
52 more not listed; retrieve them via the Exa API.