Legal Opinion

Savage v. State

Supreme Court of Alabama

Decided January 18, 1912PublishedCited by 12 opinions

Appeal from Wilcox Circuit Court. Heard before Hon. B. M. Miller. Frank Savage was convicted of murder, and he appeals. The following charges were refused to the defendant: (8) “The court charges the jury that they must have not only justifying reasons for a conclusion of guilt— not only must they he able to say upon reason that the defendant is guilty — but this conclusion must press itself upon the minds of the jury with such convincing clearness and force that they are…

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Appeal from Wilcox Circuit Court. Heard before Hon. B. M. Miller. Frank Savage was convicted of murder, and he appeals. The following charges were refused to the defendant: (8) “The court charges the jury that they must have not only justifying reasons for a conclusion of guilt— not only must they he able to say upon reason that the defendant is guilty — but this conclusion must press itself upon the minds of the jury with such convincing clearness and force that they are unable to find in the whole evidence any reason for a contrary conclusion.” (19) “The court charges the jury that if the…

1Opinion of the CourtMcCLELLAN, J.

The defendant was indicted for a capital offense. His trial was set for Thursday, November 10, 1910. The special venire for his trial was *99drawn on Friday, November 4, 1910, about 11 o’clock a. m., and a copy thereof, with the indictment, was ordered to be “forthwith” served upon the defendant. The service of the copy of the venire and of the indictment was had on Thursday, November 8, 1910, about 0 o’clock p. m.

The defendant moved, in the court below, to quash the venire, upon the ground that service thereof was not effected “forthwith,” as required by section 32 of the jury law of 1909 (Acts…

2Cases cited2 opinions

  1. Stillwell v. StateSupreme Court of Alabama · 1894
  2. Hughes v. StateSupreme Court of Alabama · 1897

3Cited by12 opinions

  1. Phillips v. StateSupreme Court of Alabama · 1946
  2. Scott v. StateSupreme Court of Alabama · 1924
  3. Underwood v. StateSupreme Court of Alabama · 1912
  4. Lewis v. StateSupreme Court of Alabama · 1912
  5. Reed v. StateAlabama Court of Appeals · 1922

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