Lee v. State
Supreme Court of Alabama
Eboh the Circuit Court of Pike. Tried before the Hon. H. D. Clayton. The indictment in this case, which was found at the October term, 1875, charged that the prisoner, “ Eli E. Lee, alias Tobe Lee, unlawfully, and with malice aforethought, killed George W. Carroll, by shooting him with a pistol.” The defendant pleaded not guilty, and the trial was had on- issue joined on that plea.
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Eboh the Circuit Court of Pike. Tried before the Hon. H. D. Clayton. The indictment in this case, which was found at the October term, 1875, charged that the prisoner, “ Eli E. Lee, alias Tobe Lee, unlawfully, and with malice aforethought, killed George W. Carroll, by shooting him with a pistol.” The defendant pleaded not guilty, and the trial was had on- issue joined on that plea. On the trial, as the bill of exceptions shows, the defendant moved to quash the venire, because the list of jurors specially summoned for his trial did not contain the names of all the regular jurors who had been…
1Opinion of the Court
STONE, J. —
In Floyd v. The State, at tbe present term, we decided tbe main question in tbis cause adversely to tbe present appellant. Tbe Circuit Court did not err in refusing to quasb tbe venire.■ — See Rev. Code, § 4177.
2. We do not tbink there is any thing in tbe objection, that tbe Christian name of tbe defendant is stated under an alias dietus. Some ancient authorities look that way; but such technicality is at war with tbe spirit of our statutes.— Rev. Code, § 4118; Skinner v. The State, 30 Ala. 524; Bryant v. The State, 36 Ala. 2701 Bish. Cr. Proc. §§ 678, 681.
Judgment of Circuit Court…
2Cases cited1 opinion
- Skinner v. StateSupreme Court of Alabama · 1857
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