Watkins v. State
Supreme Court of Alabama
From the Circuit Court of Lawrence. Tried, before tbe Hon. Henry O. Speake. Tbe defendant in tbis case was indicted for tbe murder of James York, by shooting bim with a gun; was convicted of murder in tbe first degree, and sentenced to tbe penitentiary for life. Tbe defendant’s name, as tbe indictment is copied in tbe transcript, w*as spelled Forrest Watkins; and tbis court decides, on inspection of tbe original indictment, tbat it was so written there.
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From the Circuit Court of Lawrence. Tried, before tbe Hon. Henry O. Speake. Tbe defendant in tbis case was indicted for tbe murder of James York, by shooting bim with a gun; was convicted of murder in tbe first degree, and sentenced to tbe penitentiary for life. Tbe defendant’s name, as tbe indictment is copied in tbe transcript, w*as spelled Forrest Watkins; and tbis court decides, on inspection of tbe original indictment, tbat it was so written there. Tbe defendant pleaded in abatement, demurred to tbe indictment, and objected to going to trial, on account of alleged defects in tbe…
1Opinion of the CourtMcCLELLAN, J.
It does not affirmatively appear from the order setting a day for the trial of the defendant, and directing the summoning of special jurors and the service of a copy of the venire, &c., on the defendant, that it was made during the week in which the trial was to be, and was had. The order itself should show the day on which it was made, and not leave this fact to ascertainment from other parts of the record, or by inference from its own text. The failure of the order to affirmatively show the date on which it was entered, will not, however, avail the defendant on appeal, if, as in this case,…
2Cases cited11 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Cleveland v. StateSupreme Court of Alabama · 1888
- Perry v. StateSupreme Court of Alabama · 1888
- Holley v. StateSupreme Court of Alabama · 1883
- Dolan v. StateSupreme Court of Alabama · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Roan v. StateSupreme Court of Alabama · 1932
- Morris v. StateSupreme Court of Alabama · 1906
- United States v. Bennie L. PetersonCourt of Appeals for the D.C. Circuit · 1973
- Pope v. StateSupreme Court of Alabama · 1911
- Mitchell v. StateSupreme Court of Alabama · 1891
45 more not listed; retrieve them via the Exa API.