Barnett v. State
Supreme Court of Alabama
Murder: Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Lee Barnet ivas convicted of murder and he appeals. — Counsel insist that the act of 1907, p. 500, was valid, but that the act of 1903 was void as violative of Sec. 106 Constitution of 1901, and cites in support thereof 11 South. 180; Cocciola v. Wood-Dickerson Co., 136 Ala. 536; Foster v. Napier, 80 Ala. 379; Holbrooks v. Holbrooks, 1 Pick. 218; Wallace Case, 110 Ala. 501; Sudduth v. The State,…
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Murder: Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Lee Barnet ivas convicted of murder and he appeals. — Counsel insist that the act of 1907, p. 500, was valid, but that the act of 1903 was void as violative of Sec. 106 Constitution of 1901, and cites in support thereof 11 South. 180; Cocciola v. Wood-Dickerson Co., 136 Ala. 536; Foster v. Napier, 80 Ala. 379; Holbrooks v. Holbrooks, 1 Pick. 218; Wallace Case, 110 Ala. 501; Sudduth v. The State, 121 Ala. 35; Green v. The State, 39 So. 361; Speake v. State esc rel., 39 So. 225; Hooten v. Mellin, 112 Ala. 215;…
1Opinion of the CourtSimpson, J.
— The appellant was indicted for murder in the first degree, and convicted of murder in the second degree. The trial was had within less than five months after the commission of the offense, and before going into-trial the defendant claimed the benefit of the special act in regard to Tuscaloosa county, and objected to be put on trial because five months had not elapsed since the commission of the offense.
The act of July 19, 1907, purporting to amend a previous act, and, among other things providing that in capital cases, a defendant should not -be put upon trial within five months from the…
2Cases cited6 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Pate v. StateSupreme Court of Alabama · 1891
- Collins v. StateSupreme Court of Alabama · 1902
- Holley v. StateSupreme Court of Alabama · 1883
- Viberg v. StateSupreme Court of Alabama · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Baldwin v. StateSupreme Court of Alabama · 1968
- Jarrell v. StateSupreme Court of Alabama · 1948
- Helms v. StateSupreme Court of Alabama · 1950
- Hyche v. StateAlabama Court of Appeals · 1927
- Bowen v. StateSupreme Court of Alabama · 1928
8 more not listed; retrieve them via the Exa API.