McClerkin v. State
Supreme Court of Alabama
Appeal from City Court of Anniston. Tried before the Hon. James W. Lapsley. The appellant was tried and convicted under the following indictment: "The grand jury of said county charge that before the finding of this indictment that Will McClerkin alias William McClerkin, on the trial of a civil action in the city court of Anniston, for damages for personal injury to John Smith, while said Smith was an alleged passenger on one of the Richmond & Danville Railroad Company’s…
Read the full summary
Appeal from City Court of Anniston. Tried before the Hon. James W. Lapsley. The appellant was tried and convicted under the following indictment: "The grand jury of said county charge that before the finding of this indictment that Will McClerkin alias William McClerkin, on the trial of a civil action in the city court of Anniston, for damages for personal injury to John Smith, while said Smith was an alleged passenger on one of the Richmond & Danville Railroad Company’s trains, leaving Anniston for Birmingham on June 17th, 1891, in which John Smith was the plaintiff and the Richmond &…
1Opinion of the CourtHaralson, J.
1. There was a demurrer of six grounds filed to the indictment, in which there was no merit, as was made to appear in the case of Smith v. The State, 103 Ala. 57. Smith was indicted and tried in said court, on a similar indictment to the one in this case.- The 2d plea of defendant, to which the court sustained properly a demurrer, was nothing more than an attempt to raise by plea one of the grounds of the demurrer held to be bad.
2. There was no error in admitting the acts of the legislature of Virginia incorporating the Richmond & Danville Railroad Company. It was averred in the…
2Cases cited2 opinions
- Smith v. StateSupreme Court of Alabama · 1893
- Walker v. StateSupreme Court of Alabama · 1892
3Cited by9 opinions
- Milam v. StateSupreme Court of Alabama · 1940
- Schlumbohm v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Dennison v. StateAlabama Court of Appeals · 1916
- Bartlett v. StateAlabama Court of Appeals · 1913
- Maddox v. StateAlabama Court of Appeals · 1911
4 more not listed; retrieve them via the Exa API.