Legal Opinion

South v. State

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 29 opinions

From the Circuit Court of Fayette. Tried before tbe Hon. Sam. H. Sprott. cited Code of 1886, § 10; Sess. Acts 1886-7, p. 47; Miles v. State, 40 Ala. 45; Lyman v. State, 45 Ala. 78; 44 Ala. 387; Hart v. State, 40 Ala. 32; 6 Amer. & E. Ency. Law, 643; Ledyard v. Holt, 85 Ala. 596; Henderson v. Stcde, 70 Ala. 23; 1 Greenl. Ev., § 363; Harris v. State, 73 Ala. 495. cited Lore v. State, 4 Ala. 173; Cooley’s Const. Lim. 329, top; 1 Bisb. Crim.

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From the Circuit Court of Fayette. Tried before tbe Hon. Sam. H. Sprott. cited Code of 1886, § 10; Sess. Acts 1886-7, p. 47; Miles v. State, 40 Ala. 45; Lyman v. State, 45 Ala. 78; 44 Ala. 387; Hart v. State, 40 Ala. 32; 6 Amer. & E. Ency. Law, 643; Ledyard v. Holt, 85 Ala. 596; Henderson v. Stcde, 70 Ala. 23; 1 Greenl. Ev., § 363; Harris v. State, 73 Ala. 495. cited Lore v. State, 4 Ala. 173; Cooley’s Const. Lim. 329, top; 1 Bisb. Crim. Proc., § 940; Watson v. Com., 16 B. Monroe, 15; Perry v. Com., 3 Gratt. 632; People v. Mortimer, 46 Cal. 114; People v. Campbell, 59 Cal. 243; Stokes v.…

1Opinion of the CourtMcCLELLAN, J.

1. Tbe appellant was indicted in March, 1885, for the offense of manslaughter. He was tried and convicted at the Spring term, 1889, of the Circuit Court of Payette, and sentenced to seven years in the penitentiary. Under the law in force at the time the crime was committed, defendants on trial for felonies, not capital, were entitled to fifteen peremptory challenges. — Code of 1876, § 4879. By the law in force at the time of this trial, the number had been reduced to eight. — Acts 1886-87, p. 151. The court below allowed the appellant the number prescribed in the act last referred to, and…

2Cases cited7 opinions

  1. Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
  2. Lowe v. StateSupreme Court of Alabama · 1888
  3. Henderson v. StateSupreme Court of Alabama · 1881
  4. People v. CampbellCalifornia Supreme Court · 1881
  5. State v. RyanSupreme Court of Minnesota · 1868

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3Cited by29 opinions

  1. Hawes v. StateSupreme Court of Alabama · 1889
  2. Sage v. StateIndiana Supreme Court · 1891
  3. Lidge v. StateCourt of Criminal Appeals of Alabama · 1982
  4. Warren v. StateCourt of Criminal Appeals of Oklahoma · 1911
  5. Hubbard v. StateCourt of Criminal Appeals of Alabama · 1986

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