Tucker v. State
Supreme Court of Alabama
Assault With Intent to Murder. Appeal from Marion Circuit Court. Heard before Hon. C. P. Almon. John Tucker was convicted of assault with intent to murder, and he appeals. Tbe defendant was indicted for an assault with intent to murder, and filed several grounds of motion to quash the indictment not necessary to be here set out.
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Assault With Intent to Murder. Appeal from Marion Circuit Court. Heard before Hon. C. P. Almon. John Tucker was convicted of assault with intent to murder, and he appeals. Tbe defendant was indicted for an assault with intent to murder, and filed several grounds of motion to quash the indictment not necessary to be here set out. Demurrer being sustained to the motion to quash, the defendant filed as pleas in abatement the several grounds of the motion, the second of which is in the following language : “Because the grand jurors who were organized and impaneled and who returned an indictment…
1Opinion of the CourtTyson, C. J.
The defendant was indicted, for an assault with intent to murder, which, under the statute, is a felony. At the term at which the indictment was preferred he filed a motion, containing a number of grounds, to quash the indictment. To this motion a demurrer was interposed, which was sustained by the court. Thereupon he filed a number of pleas in abatement. One of these was that “the grand jurors who were organized and impaneled, and who returned the indictment against the defendant, were not drawn in the presence of the officers as designated by law to draw said jury.” Issue was taken upon…
2Cases cited4 opinions
- Foster v. StateSupreme Court of Alabama · 1864
- Barber v. StateSupreme Court of Alabama · 1907
- Dominick v. StateSupreme Court of Alabama · 1867
- Cochran v. StateSupreme Court of Alabama · 1889
3Cited by13 opinions
- Doss v. StateAlabama Court of Appeals · 1929
- Rector v. StateAlabama Court of Appeals · 1914
- Clemons v. StateSupreme Court of Alabama · 1910
- Smith v. StateAlabama Court of Appeals · 1948
- Ex Parte Western Railway of AlabamaSupreme Court of Alabama · 1968
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