Cunningham v. State
Alabama Court of Appeals
Appeal from Gadsden City Court. Heard before-Hon. James A. Bilbro. Mark Cunningham was convicted of arson, and he appeals. The objections to evidence, together with the tendencies of the evidence, sufficiently appear from the opinion.
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Appeal from Gadsden City Court. Heard before-Hon. James A. Bilbro. Mark Cunningham was convicted of arson, and he appeals. The objections to evidence, together with the tendencies of the evidence, sufficiently appear from the opinion. The house alleged to have been burned was the property of Will Thompson, and it appears from the evidence that early in the year before the burning defendant had been indicted for petit larceny, and that Will Thompson, together with others, was summoned before the grand jury, and testified against defendant. The court permitted the state to show that among other…
1Opinion of the CourtPelham, P. J.
(1, 2) The defendant was tried on an indictment charging an offense punishable capitally (arson in the first degree), and made a timely motion to quash the special venire on the ground that the copy of the venire served on the defendant did not conform to the order of the court and contain the names of the regular jurors drawn and summoned for the week the case was set for trial, as was required by the order of the court made in compliance with the statute. The point seems to be that, while the list showed that the jurors were drawn, it does not appear from the list that they were summoned.
The…
2Cases cited23 opinions
- Winslow v. StateSupreme Court of Alabama · 1884
- Ex parte DavisSupreme Court of Alabama · 1913
- Pope v. StateSupreme Court of Alabama · 1911
- Lide v. StateSupreme Court of Alabama · 1901
- Simpson v. StateSupreme Court of Alabama · 1895
18 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Melton v. CommonwealthSupreme Court of Virginia · 1922
- Bolden v. StateCourt of Criminal Appeals of Alabama · 1990
- Scott v. StateSupreme Court of Alabama · 1924
- Lowery v. StateAlabama Court of Appeals · 1956
- State v. LizotteSupreme Court of Vermont · 1938
19 more not listed; retrieve them via the Exa API.