Bell v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. W. W. Haralson, Special Judge. The appellant was indicted and tried for the murder of James Childress, was convicted of. murder in the second degree, and sentenced to the penitentiary for ten years. The indictment under which the defendant was tried and convicted was preferred by the grand jury at the fall term, 1895, of the circuit court of Marshall county.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. W. W. Haralson, Special Judge. The appellant was indicted and tried for the murder of James Childress, was convicted of. murder in the second degree, and sentenced to the penitentiary for ten years. The indictment under which the defendant was tried and convicted was preferred by the grand jury at the fall term, 1895, of the circuit court of Marshall county. Upon being arraigned, the defendant moved the court to quash the indictment upon the following ground : ‘ ‘That there was an indictment returned into this court on the 6th…
1Opinion of the CourtHead, J.
There is no merit in the motion of the Attorney-General to dismiss the appeal on the ground that the court is without jurisdiction for thé reason that it does not appear by the record that W. W. Haralson, Esq., who presided as special judge upon the trial of the cause, was authorized to sit as a special judge of said court. For one of the causes specified in the statute, (Acts, 1894-95, p. 1135), Mr. Haralson was appointed and commissioned by the Governor as special judge.to *37hold the fall term 1896 of the circuit court of Marshall county, in pursuance of the said statute. The judge appointed…
2Cases cited21 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- DeArman v. StateSupreme Court of Alabama · 1882
- Roberts v. StateSupreme Court of Alabama · 1880
- People v. FisherNew York Supreme Court · 1835
- Hubbard v. StateSupreme Court of Alabama · 1882
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3Cited by35 opinions
- Spicer v. StateSupreme Court of Alabama · 1914
- Walker v. StateSupreme Court of Alabama · 1908
- Bankhead v. StateAlabama Court of Appeals · 1947
- Brewer v. StateSupreme Court of Alabama · 1909
- Searle v. Roman Catholic Bishop of SpringfieldMassachusetts Supreme Judicial Court · 1909
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