Garrett v. State
Supreme Court of Alabama
Appeal from Clay Circuit Court. Tried before Hon. Leroy E. Box. Henry Q-arrett was indicted for the murder of Montgomery Sims, convicted of manslaughter in the first degree and sentenced to five years imprisonment in the penitentiary.
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Appeal from Clay Circuit Court. Tried before Hon. Leroy E. Box. Henry Q-arrett was indicted for the murder of Montgomery Sims, convicted of manslaughter in the first degree and sentenced to five years imprisonment in the penitentiary. The State introduced testimony tending to show that there was a disyrate between deceased and defendant, about the settlement of a suit by Sims & Burke, in which firm deceased was a partner, against the defendant in which a writ of garnishment had issued, and in a conversation with Burke, the latter abated some of the costs of the suit — when defendant said,…
1Opinion of the CourtHaralson, J.
— The first exception to the ruling of the court on the trial of the defendant, was on a , motion to quash the indictment, on grounds alleged to have been set out in a motion therefor, on file in the cause, but which does not appear in the record.
The record shows, that the motion was .predicated on four grounds, the fourth of which was, on motion of the State, stricken from the files, and issue was joined on the remaining three, and trial was had.
The court found the issue against the defendant, and refused to quash the indictment. We are not informed by the bill of exceptions, what the…
2Cases cited12 opinions
- Moulton v. StateSupreme Court of Alabama · 1889
- McGehee v. StateSupreme Court of Alabama · 1875
- Mose v. StateSupreme Court of Alabama · 1860
- Chatham v. StateSupreme Court of Alabama · 1890
- Riley v. StateSupreme Court of Alabama · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Yarbrough v. StateSupreme Court of Alabama · 1894
- McCoy v. StateSupreme Court of Alabama · 1911
- Kimbell v. StateSupreme Court of Alabama · 1909
- State v. WalkerWest Virginia Supreme Court · 1922
14 more not listed; retrieve them via the Exa API.