Legal Opinion

Kirkwood v. State

Alabama Court of Appeals

Decided January 11, 1912PublishedCited by 13 opinions

Appeal from 'Winston Circuit Court. Heard before Hon. G. O. Chenault, Special Judge. Will Kirkwood was convicted of murder in tbe second degree, and be appeals. •Tbe matters not sufficiently appearing from tbe.opinion are as follows: Charge requested by and refused to tbe defendant: (23) “I charge you, gentlemen of tbe jury, that if there is one single fact proved to the satisfaction of tbe jury which is inconsistent with the defendant’s guilt, this is sufficient to raise a…

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Appeal from 'Winston Circuit Court. Heard before Hon. G. O. Chenault, Special Judge. Will Kirkwood was convicted of murder in tbe second degree, and be appeals. •Tbe matters not sufficiently appearing from tbe.opinion are as follows: Charge requested by and refused to tbe defendant: (23) “I charge you, gentlemen of tbe jury, that if there is one single fact proved to the satisfaction of tbe jury which is inconsistent with the defendant’s guilt, this is sufficient to raise a reasonable doubt, and .the jury should acquit him.” Charge 38 is in almost the exact language. The point that the…

1Opinion of the CourtWalker, P. J.

The minutes of the court in reference to the organization of the grand jury which found the indictment against the defendant, after reciting the facts of the issuance to the sheriff of a venire facias commanding him to summon 15 named persons to serve as grand jurors, that- all of them were served and appeared, and that one of them was excused by the court, further recited that: “The court ordered the sheriff to select two names of two qualified citizens of said county. The names were placed in a hat and drawn out by the clerk, and read by the court, to wit, M. L. Aaron. Then the court…

2Cases cited8 opinions

  1. Hall v. StateSupreme Court of Alabama · 1901
  2. Walker v. StateSupreme Court of Alabama · 1908
  3. Clemons v. StateSupreme Court of Alabama · 1910
  4. Cross v. StateSupreme Court of Alabama · 1879
  5. Billingslea v. StateSupreme Court of Alabama · 1881

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Pope v. StateCourt of Criminal Appeals of Alabama · 1978
  2. Brown v. StateAlabama Court of Appeals · 1946
  3. Bringhurst v. StateAlabama Court of Appeals · 1945
  4. Arnold v. StateAlabama Court of Appeals · 1922
  5. Doty v. StateAlabama Court of Appeals · 1913

8 more not listed; retrieve them via the Exa API.

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