Davis v. State
Supreme Court of Alabama
From the Circuit- Court of Cherokee. Tried before the Hon. John B. Tarry. The appellant in this case, together with John Coheley, was indicted and tried for murder in the second degree, in killing one John J. Morelock ; and was convicted ior manslaughter in the first degree. The objections, which are raised here for the first time, as to the formation of the grand jury, are identical with those raised in the case of Tanner v. The State, supra.
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From the Circuit- Court of Cherokee. Tried before the Hon. John B. Tarry. The appellant in this case, together with John Coheley, was indicted and tried for murder in the second degree, in killing one John J. Morelock ; and was convicted ior manslaughter in the first degree. The objections, which are raised here for the first time, as to the formation of the grand jury, are identical with those raised in the case of Tanner v. The State, supra. When the cause was called, the defendants stated they were not ready lor trial, on account of the absence of several material witnesses, who were…
1Opinion of the CourtWalker, J.
1. The objection, sought to be raised in this court for the first time, that the record of the Circuit Court, in that it enumerates only fourteen persons who were"sworn as grand jurors, does not show the due organization of a grand jury of fifteen persons as required by a special act of force in Cherokee county, must be disposed of adversely to the appellant on the authority of the decision of this court in the case *25of Tanner v. The State, supra, p. 1, which, ás to the subject-matter of the objection, presented a state of facts similar to that in this case.
2. When the case was called for…
2Cases cited6 opinions
- White v. StateSupreme Court of Alabama · 1888
- DeArman v. StateSupreme Court of Alabama · 1884
- Carter v. StateSupreme Court of Alabama · 1886
- East Birmingham Land Co. v. DennisSupreme Court of Alabama · 1888
- Dodson v. StateSupreme Court of Alabama · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Martin v. StateSupreme Court of Alabama · 1899
- Brewer v. StateSupreme Court of Alabama · 1909
- Bell v. StateSupreme Court of Alabama · 1896
- Winter v. StateSupreme Court of Alabama · 1898
- Vaughn v. StateAlabama Court of Appeals · 1919
21 more not listed; retrieve them via the Exa API.