Legal Opinion

Daniel v. State

Alabama Court of Appeals

Decided February 10, 1916PublishedCited by 5 opinions

Appeal from Jefferson Criminal Court. Heard before Hon. Wm. E. Fort. W. E. Daniel was convicted of manslaughter in the first degree, and he appeals. The killing is alleged to have been done by stabbing or cutting with a knife, and the person killed was one William Gunnaway. The tendency of the evidence sufficiently appears.

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Appeal from Jefferson Criminal Court. Heard before Hon. Wm. E. Fort. W. E. Daniel was convicted of manslaughter in the first degree, and he appeals. The killing is alleged to have been done by stabbing or cutting with a knife, and the person killed was one William Gunnaway. The tendency of the evidence sufficiently appears. The following charges were refused to defendant: (22) The presumption of innocence surrounds defendant and attends him at every step in the case, and is a shield to him against every inference of guilt until it is destroyed by evidence so strong that you are convinced to a…

1Opinion of the CourtBrown, J.

The order fixing the day for defendant’s trial was made on January SO, 1915, and fixed the 8th day of February, the first day of the sixth week of the January term of the court, as the day for trial. On the same day, the court entered an order fixing the number of jurors constituting the venire for defendant’s trial at 97, to be comprised of 37 jurors drawn and summoned for the sixth week of the term, and the 60 special jurors then drawn and ordered to be summoned. The return of the sheriff shows that a copy of the venire as thus constituted, together with a copy of the indictment, was served…

2Cases cited9 opinions

  1. Andrews v. StateSupreme Court of Alabama · 1909
  2. McGhee v. StateSupreme Court of Alabama · 1912
  3. Rector v. StateAlabama Court of Appeals · 1914
  4. Byers v. StateSupreme Court of Alabama · 1894
  5. Fleming v. StateSupreme Court of Alabama · 1907

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Raines v. StateCourt of Criminal Appeals of Alabama · 1984
  2. Cain v. StateAlabama Court of Appeals · 1917
  3. Ex parte DanielSupreme Court of Alabama · 1916
  4. Hall v. StateAlabama Court of Appeals · 1917
  5. Hall v. StateAlabama Court of Appeals · 1917

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