Swain v. State
Alabama Court of Appeals
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. John Swain, alias, was convicted of murder, and be appeals.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. John Swain, alias, was convicted of murder, and be appeals. No sufficient service of the indictment on defendant is shown. — Welsh v. State, 56 South.. 11. The deceased is not properly described. — Wilson v. State, 127 Ala: 17. The record fails to show that the grand jurors who found the indictment were drawn in the presence of the proper officers, or that it was found at any term of the court. — Spivey v. The State, 56 South. 376; Berry v. The State, 65 Ala. 117; Sec. 7131, Code 1907. The indictment was not properly…
1Opinion of the CourtThomas, J.
— The defendant was indicted and convicted of murder. The first error insisted upon is that the trial court erred in overruling a motion to quash the indictment and in overruling demurrers filed thereto; the grounds (16 in all) of this motion and of the demurers filed after the motion was overruled being exactly the same. We will discuss, however, only those grounds urged in brief. The first of these is that the record does not affirmatively show that the grand jurors were drawn in the presence of the officers designated by law.
The minutes of the organization of the court recite expressly, in…
2Cases cited16 opinions
- McKee v. StateSupreme Court of Alabama · 1886
- Hammond v. StateSupreme Court of Alabama · 1906
- Roberson v. StateSupreme Court of Alabama · 1912
- May v. StateSupreme Court of Alabama · 1910
- Norris v. StateSupreme Court of Alabama · 1888
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hembree v. StateAlabama Court of Appeals · 1924
- Terry v. StateAlabama Court of Appeals · 1915
- Bailey v. StateSupreme Court of Alabama · 1924
- Mayo v. StateAlabama Court of Appeals · 1946
- Kinsaul v. StateAlabama Court of Appeals · 1913
9 more not listed; retrieve them via the Exa API.