Phillips v. State
Supreme Court of Alabama
EeoM the Circuit Court of Dallas. Tried before the Hon. Geo. H. Chato. The indictment in this case charged, in a single count, that the defendant, “Jacob Phillips, alias ciictus Jake Phillips, unlawfully and with malice aforethought hilled Anderson Ean-dall, by cutting him with a knife; against the peace,” &c.
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EeoM the Circuit Court of Dallas. Tried before the Hon. Geo. H. Chato. The indictment in this case charged, in a single count, that the defendant, “Jacob Phillips, alias ciictus Jake Phillips, unlawfully and with malice aforethought hilled Anderson Ean-dall, by cutting him with a knife; against the peace,” &c. The defendant demurred to the indictment, assigning the following causes of demurrer: 1st, “ because it does not allege that the killing was done feloniously2d, “ because it does not allege that the defendant did murder the said Anderson Eandall3d, “ because it does not' allege that the…
1Opinion of the Court
BRICKELL, 0. J.
1. The objections to the organization of the grand jury, presented by the'pleas in abatement, were not well taken. The question is so fully discussed in Billingslea v. State, at the present term, that further consideration of it is unnecessary.
2. The indictment is in the form prescribed by the Code, and avers all the constituent elements of murder, though omitting averments which by the common law were indispensable. Such indictments were pronounced sufficient in Noles v. State, 24 Ala. 672, and the decision has been since uniformly followed.—Billingslea v. State, at the…
2Cases cited4 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Parsons v. StateSupreme Court of Alabama · 1853
- Guedel v. PeopleIllinois Supreme Court · 1867
- State v. M'LendonSupreme Court of Alabama · 1827
3Cited by22 opinions
- Spicer v. StateSupreme Court of Alabama · 1914
- Garrett v. StateSupreme Court of Alabama · 1958
- Pierson v. StateSupreme Court of Alabama · 1892
- Smith v. StateSupreme Court of Alabama · 1889
- Stinson v. StateSupreme Court of Alabama · 1931
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