Johnson v. State
Supreme Court of Alabama
Appeal from tlie City Court of Gadsden. Tried before the Hon. John H. Disque. The appellant in this ease, Henry Johnson, was indicted and tried for murder, was convicted of murder in the first degree and sentenced to be hanged. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion.
Read the full summary
Appeal from tlie City Court of Gadsden. Tried before the Hon. John H. Disque. The appellant in this ease, Henry Johnson, was indicted and tried for murder, was convicted of murder in the first degree and sentenced to be hanged. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. The term of the city court ended on Friday before the 3d Saturday in December, and the defendant being tried on said 3d Saturday, sucli tidal was void. The use of the word until in the statute excludes the day to which it refers. “The use of…
1Opinion of the CourtHaralson, J.
The Act to declare the powers and jurisdiction of the city court of Gadsden, provides that there shall be two regular terms in each year, and may continue in session until the business thereof is disposed of. * * * Regular terms of said court shall be as follows: “Beginning on the third Monday in January in each year, and continuing until the last Saturday in June, and on the third Monday in September in each year, and continuing until the third Saturday in December.” — Acts, 1900-1901, p. 1291.
The defendant was tried on the 19th of December, 1903, which was the third Saturday in December. He…
2Cases cited5 opinions
- Bemis v. LeonardMassachusetts Supreme Judicial Court · 1875
- The People v. . WalkerNew York Court of Appeals · 1858
- Webster v. FrenchIllinois Supreme Court · 1850
- Brown v. Protective Life InsuranceSupreme Court of Alabama · 1914
- Corbin v. KetchamIndiana Supreme Court · 1882
3Cited by8 opinions
- Montgomery Traction Co. v. KnabeSupreme Court of Alabama · 1908
- Southern Ry. Co. v. MontgomerySupreme Court of Alabama · 1934
- Oberhaus v. State ex rel. McNamaraSupreme Court of Alabama · 1911
- Standard Oil Co. v. City of BirminghamSupreme Court of Alabama · 1918
- Wilson v. StateNebraska Supreme Court · 1928
3 more not listed; retrieve them via the Exa API.