Billingslea v. State
Supreme Court of Alabama
Ebom tbe Circuit Court of Dallas. Tried before the Hon. John Moobe. The indictment in this case charged, in a single count, that the defendant, Wilson Billingslea, “unlawfully and with' malice aforethought killed Mary King, alias Mary Billingslea, by shooting her with a gun; against the peace,” &c.
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Ebom tbe Circuit Court of Dallas. Tried before the Hon. John Moobe. The indictment in this case charged, in a single count, that the defendant, Wilson Billingslea, “unlawfully and with' malice aforethought killed Mary King, alias Mary Billingslea, by shooting her with a gun; against the peace,” &c. T.he defendant demurred to the indictment, assigning as grounds of demurrer, 1st, “because it fails t® aver that the alleged killing was feloniously done2d, “ because it fails to aver that the defendant did kill and murder the said Mary King.” The court overruled the demurrer, and the defendant…
1Opinion of the CourtSomerville, J.
The main questions presented in this case for our consideration relate to the organization of the grand jury in the court below. Of the eighteen persons originally summoned to constitute the regular panel, fifteen appeared, and answered to their names; and of these, seven only were accepted, the remainder being excused by the court from serving. The court thereupon ordered the sheriff to summon twenty-tivo suitable persons, possessing the requisite statutory qualifications ; this being twice the number needed to complete the organization, as demanded in such cases by the statute.—Code 1876, §…
2Cases cited8 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Bales v. StateSupreme Court of Alabama · 1879
- Finley v. StateSupreme Court of Alabama · 1878
- Cross v. StateSupreme Court of Alabama · 1879
- Aikin v. StateSupreme Court of Alabama · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Tanner v. StateSupreme Court of Alabama · 1890
- Burns v. StateSupreme Court of Alabama · 1932
- Lide v. StateSupreme Court of Alabama · 1901
- Harrington v. StateSupreme Court of Alabama · 1887
- Fields v. StateSupreme Court of Florida · 1903
16 more not listed; retrieve them via the Exa API.