Bryant v. State
Supreme Court of Alabama
Eeom the Circuit Court of Tuskaloosa. Tried before the Hon. Wm, S. Mudd. Tiib indictment in this ease was found at the March term, 1859, of said circuit court; and charged that Stephen A. Bryant and others, whose names were specified, “ unlawfully and with malice aforethought killed-Butler, whose chris'tian name is to the grand jury unknown.”
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Eeom the Circuit Court of Tuskaloosa. Tried before the Hon. Wm, S. Mudd. Tiib indictment in this ease was found at the March term, 1859, of said circuit court; and charged that Stephen A. Bryant and others, whose names were specified, “ unlawfully and with malice aforethought killed-Butler, whose chris'tian name is to the grand jury unknown.” The prisoners each pleaded not guilty, without raising any objection to the form or sufficiency of the indictment. 'The jury returned a verdict of guilty against Stephen A. Bryant, and not guilty as to the others. Tile record ■contains a bill of…
1Opinion of the CourtStone, J.
It was declared in the case of Nabors v. The State, (6 Ala. 200,) and must be regarded as settled, that the terms of our circuit courts expire at 12 o’clock of the last Saturday night of the terms fixed bylaw.; — See, also, State, ex rel. Battle, 7 Ala. 259. It-is also well settled, (and we have no authority to disregard this statutory rule,) that a bill' of exceptions, not signed during the term, or within ten days thereafter pursuant to consent of counsel in writing, is not a part of the record. —Code, §§2358, 3649; Shep. Digest, 435, §4; Stein v. McArdle, 25 Ala. 561. Under these plain…
2Cases cited5 opinions
- Nabors v. StateSupreme Court of Alabama · 1844
- State ex rel. BattleSupreme Court of Alabama · 1845
- State v. JacksonIndiana Supreme Court · 1835
- Stein v. McArdle & WatersSupreme Court of Alabama · 1854
- State v. AdamsSupreme Court of Arkansas · 1855
3Cited by17 opinions
- Morningstar v. StateSupreme Court of Alabama · 1875
- Edinburgh-American Land Mortgage Co. v. CanterburySupreme Court of Alabama · 1910
- Ex parte HammockSupreme Court of Alabama · 1885
- State v. MasseyAlabama Court of Appeals · 1924
- Dantzler & Sons v. Swift Creek Mill Co.Supreme Court of Alabama · 1900
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