Austin v. State
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Tried before tbe Hoii. William H. Thomas. Tbe appellants in this case, Mamie Austin and Lula Austin, were indicted, tried and convicted for murder in the killing of an infant child, and were sentenced to tbe penitentiary for life. The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in tbe opinion.
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Appeal from tbe City Court of Montgomery. Tried before tbe Hoii. William H. Thomas. Tbe appellants in this case, Mamie Austin and Lula Austin, were indicted, tried and convicted for murder in the killing of an infant child, and were sentenced to tbe penitentiary for life. The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in tbe opinion. Tbe defendants requested tbe court to give to tbe jury tbe following written charges, and separately excepted to tbe court’s refusal to give each of them as asked: (5.) “If you believe all tbe…
1Opinion of the CourtHaralson, J.
The defendants were jointly indicted and convicted for tbe murder of an infant child. On the 21st of February, 1903, they were duly arraigned, charged upon the indictment and pleaded not guilty thereto. The 9th of April, following, was set for tbe trial of the cause. A jury of 100, including tbe regular jurors summoned for the week in which tbe cause was set for trial, was ordered, and the names of tbe special jurors allowed were duly drawn from tbe jury box, and a list of them and those summoned for tbe week was ordered to be served on each of tbe defendants, together with a copy of tbe…
2Cases cited2 opinions
- Hudson v. StateSupreme Court of Alabama · 1902
- Givens v. StateSupreme Court of Alabama · 1895
3Cited by2 opinions
- Rogers v. StateSupreme Court of Alabama · 1910
- State v. MaddenSupreme Court of Kansas · 1913