Legal Opinion

Leonard v. State

Supreme Court of Alabama

Decided December 15, 1880PublishedCited by 12 opinions

From the Circuit Court of Macon. Tried before the Hon. Jambs É. Cobb. The prisoner in this case, Sol. Leonard, was indicted for the murder of Charles Taylor; was duly arraigned, and pleaded not guilty to the indictment; was tried on issue joined on that plea, found guilty of murder in the first degree, and sentenced to imprisonment in the penitentiary for life.

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From the Circuit Court of Macon. Tried before the Hon. Jambs É. Cobb. The prisoner in this case, Sol. Leonard, was indicted for the murder of Charles Taylor; was duly arraigned, and pleaded not guilty to the indictment; was tried on issue joined on that plea, found guilty of murder in the first degree, and sentenced to imprisonment in the penitentiary for life. On his trial, a bill of exceptions was reserved at his instance, in which the facts are thus stated : “ The jurors were regularly drawn, and were caused to be seated in the jury-box; but none of them were sworn until the jury was…

1Opinion of the CourtSomerville, J.

The action of the court in reference to the juror Boyd was most clearly free from any conceivable prejudice to the appellant. The challenge of him, which was *464first permitted at the instance of the State, was afterwards1 disallowed, and its retraction sustained, expressly on the objection of the prisoner. An exception can not be based on a ruling of this nature, which is superinduced by the party so excepting. He might, with as much reason, request the court to give a charge, and afterwards seek in the appellate court to base an assignment of error upon the fact that the Circuit Court…

2Cases cited7 opinions

  1. Eiland v. StateSupreme Court of Alabama · 1875
  2. Lewis v. StateSupreme Court of Alabama · 1874
  3. Taylor v. StateSupreme Court of Alabama · 1872
  4. Eaton v. StateAlabama Court of Appeals · 1913
  5. Richardson v. StateSupreme Court of Alabama · 1875

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Storey v. StateSupreme Court of Alabama · 1882
  2. DeArman v. StateSupreme Court of Alabama · 1882
  3. Ford v. StateSupreme Court of Alabama · 1882
  4. DeArman v. StateSupreme Court of Alabama · 1884
  5. Lowery v. RowlandSupreme Court of Alabama · 1893

7 more not listed; retrieve them via the Exa API.

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