Stewart v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. John Moore. The appellant in this case, Jim Stewart, was indicted, tried and convicted for the murder of Will Mims and was sentenced ten he hanged. The defendant objected to going to trial and moved the court to' quash the venire upon the following grounds: “1st. Because said Jim Stewart was not served with a copy of the indictment in, said case, as the law required. 2d.
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Appeal from the Circuit Court of Wilcox. Tried before the Hon. John Moore. The appellant in this case, Jim Stewart, was indicted, tried and convicted for the murder of Will Mims and was sentenced ten he hanged. The defendant objected to going to trial and moved the court to' quash the venire upon the following grounds: “1st. Because said Jim Stewart was not served with a copy of the indictment in, said case, as the law required. 2d. Because said defendant was served with a purporting copy of the indictment, and differs from the original in tins: In the original whenever the word “and” occurs…
1Opinion of the CourtHaralson, J.
The- indictment charges that defendant “did. unlawfully and with malice aforethought kill Will Mims” etc. The. conjunction “and,” which we italicise for convenient reference, is spelled out, and in the copy served on the defendant, the character, “&,” in place of “and” was employed. That character is an abbreviation in common use for “and”; is well understood and is never mistaken as standing for any other word than “and,” with which it is identical in meaning. — 1 Am. & Eng. Ency. of Law (2d ed.), 97. There was no ground for quashing the venire on this account.
The fact that the given name-…
2Cases cited7 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Lang v. StateSupreme Court of Alabama · 1887
- Wilkins v. StateSupreme Court of Alabama · 1893
- Fitzgerald v. StateSupreme Court of Alabama · 1895
- Washington v. StateSupreme Court of Alabama · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Simmons v. StateCourt of Criminal Appeals of Alabama · 2000
- Pippin v. StateSupreme Court of Alabama · 1916
- Thomas v. StateSupreme Court of Alabama · 1907
- State v. CallawayWyoming Supreme Court · 1954
- Wilbanks v. StateAlabama Court of Appeals · 1962
9 more not listed; retrieve them via the Exa API.