Flanagan v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before Hon. O. F. Moulton. The facts are sufficiently stated in the opinion.
1Opinion of the CourtB. F. Saffold, J.
The appeal is taken from a conviction of murder in the second degree. No service of a copy of the indictment, and a list of jurors summoned for his trial, is apparent on the record, he being in actual confinement. This omission is a reversible error. — Robertson v. The State, 43 Ala. 325.
Other questions of importance are presented, which require decision. A homicide perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious and premeditated killing, is murder in the first degree. — Bev. Code, 3653. Every other homicide where the person slain was the primary and…
2Cases cited2 opinions
- Noles v. StateSupreme Court of Alabama · 1855
- Robertson v. StateSupreme Court of Alabama · 1869
3Cited by11 opinions
- People v. LoganCalifornia Supreme Court · 1917
- Rogers v. StateSupreme Court of Alabama · 1897
- Jones v. StateAlabama Court of Appeals · 1915
- Nickerson v. StateSupreme Court of Alabama · 1921
- Rash v. StateSupreme Court of Alabama · 1878
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