Chaney v. State
Supreme Court of Alabama
From the Circuit Court of Franklin. Tried before tbe Hon. Robert Dou&herty. The prisoner, Robert R. Cbaney, was indicted, jointly with, one David B. Chaney, as an accessary before the fact, for the murder of David N. Martin by one Christopher Price; but was tried separately. The indictment was found at the September term, 1851, of the circuit court of Lauderdale.
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From the Circuit Court of Franklin. Tried before tbe Hon. Robert Dou&herty. The prisoner, Robert R. Cbaney, was indicted, jointly with, one David B. Chaney, as an accessary before the fact, for the murder of David N. Martin by one Christopher Price; but was tried separately. The indictment was found at the September term, 1851, of the circuit court of Lauderdale. The case was removed by the defendants to Fi’anklin county, where a trial was had at the October term, 1857. On the trial of the prisoner, a bill of exceptions was reserved by him, which states the following facts: “On Wednesday of…
1Opinion of the CourtRice, C. J.
— As this prosecution was commenced before the Code went into effect, the questions presented must be determined, not by its provisions, but by the law which was of force when the indictment was found. Hiscox v. Hendree, 27 Ala. R. 216; Doe, ex dem. Kennedy v. Reynolds, ib. 364; Erankenheimer v. Slocum, 24 ib. 373 ; Code, §§ 12,14.
2. By that law, a person indicted (as in this case) for an offense which may be punished capitally, if in actual confinement, was entitled to have delivered to him, two entire days before his trial, not a list of the regular juries for the week or term, but a list…
2Cases cited1 opinion
- Parsons v. StateSupreme Court of Alabama · 1853
3Cited by7 opinions
- Lawson v. HicksSupreme Court of Alabama · 1862
- Simmons v. StateCourt of Criminal Appeals of Texas · 1892
- James v. StateAlabama Court of Appeals · 1920
- Bonham v. StateSupreme Court of Alabama · 1880
- Brown v. StateCourt of Criminal Appeals of Texas · 1913
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