Allen v. State
Supreme Court of Alabama
From the Circuit Court of Marengo, on change of venue from Choctaw. Tried before the Hon. Luther R. Smith. The prisoner in this case, Brad Allen, was indicted for the murder of Frank Allen, his brother. The trial was removed, on his application, from Choctaw to Marengo county; and on his trial in the latter county, in May, 1878, he was convicted of manslaughter in the first degree, and sentenced to the penitentiary for seven years.
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From the Circuit Court of Marengo, on change of venue from Choctaw. Tried before the Hon. Luther R. Smith. The prisoner in this case, Brad Allen, was indicted for the murder of Frank Allen, his brother. The trial was removed, on his application, from Choctaw to Marengo county; and on his trial in the latter county, in May, 1878, he was convicted of manslaughter in the first degree, and sentenced to the penitentiary for seven years. “ On the trial,” as the bill of exceptions states, “the jurors having been’ drawn and summoned according to law, as each juror was drawn, he was sworn to answer…
1Opinion of the CourtManning, J.
There was no error in the swearing of the jury. The two oaths were substantially the same. The usual practice is to swear each juror as he is selected, and that is the better practice. In this instance, they were sworn first singly, and afterwards collectively.
2. One of the State’s witnesses, a negro man, testified to many particulars, some occurring at different times, adverse to the defendant below; and being cross-examined, he confessed, with much apparent simplicity, infirmities of mind. He said, he “ did not know how far one hundred yards, or two hundred yards, were exactly; that he…
2Cases cited1 opinion
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
3Cited by6 opinions
- Jones v. StateSupreme Court of Alabama · 1884
- Garrett v. StateSupreme Court of Alabama · 1958
- Metropolitan Life Ins. Co. v. JamesSupreme Court of Alabama · 1934
- Conner v. StateCourt of Criminal Appeals of Alabama · 1973
- Walker v. StateSupreme Court of Alabama · 1892
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