Harrington v. State
Supreme Court of Alabama
From tbe City Court of Mobile. Tried before tbe Hon. O. J. Semmes. Tbe defendant in tbis case, Edward M. Harrington, was indicted for -tbe murder of John Yincent Malone, “by maltreating bim in a manner 'and by means unknown to tbe grand jury;” or, as alleged in tbe second count, “by knocking bim down, kicking bim, and beating bim;” or, as alleged in tbe third count, “by beating bim, or kicking bim, or throwing bim upon or against some bard substance to tbis grand jury…
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From tbe City Court of Mobile. Tried before tbe Hon. O. J. Semmes. Tbe defendant in tbis case, Edward M. Harrington, was indicted for -tbe murder of John Yincent Malone, “by maltreating bim in a manner 'and by means unknown to tbe grand jury;” or, as alleged in tbe second count, “by knocking bim down, kicking bim, and beating bim;” or, as alleged in tbe third count, “by beating bim, or kicking bim, or throwing bim upon or against some bard substance to tbis grand jury unknown, thereby bringing tbe bead of said Malone in contact with such substance, inflicting an injury on bis bead, causing a…
1Opinion of the CourtClopton, J.
— The defendant made a motion in arrest of judgment, on the ground that the indictment was not found by a grand jury legally organized. The specific objections are: it does not affirmatively appear that four of the jury commissioners were present at the drawing of the jurors, as required by the special act for Mobile county; that the grand jurors impanelled were the same persons drawn, and that the jurors were sworn according to law. When there appears of record an order of the court, or action of the presiding judge, relating to the formation of the grand jury, which is contrary to the…
2Cases cited9 opinions
- McManus v. StateSupreme Court of Alabama · 1860
- O'Byrnes v. StateSupreme Court of Alabama · 1874
- Nixon v. StateSupreme Court of Alabama · 1881
- Harrington v. StateSupreme Court of Alabama · 1860
- Billingslea v. StateSupreme Court of Alabama · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Comber v. United StatesDistrict of Columbia Court of Appeals · 1990
- Hornsby v. StateSupreme Court of Alabama · 1891
- Garrett v. StateSupreme Court of Alabama · 1958
- Tanner v. StateSupreme Court of Alabama · 1890
- Lewis v. StateSupreme Court of Alabama · 1892
36 more not listed; retrieve them via the Exa API.