Martin v. State
Supreme Court of Alabama
Indictment for Murder. From the Circuit Court of Barbour. Tried before the lion. IT. D. Clayton. The defendant in this case, Edward R. Martin, was indicted for the murder of Pleasant B. Pattei’son, by shooting him with' a pistol; pleaded not guilty, was convicted of murder in the second degree, and sentenced to the penitentiary for the term of twenty years. ' The indictment was found at the November terra of tfie court, 1883, as shown by the recitals of the caption, as…
Read the full summary
Indictment for Murder. From the Circuit Court of Barbour. Tried before the lion. IT. D. Clayton. The defendant in this case, Edward R. Martin, was indicted for the murder of Pleasant B. Pattei’son, by shooting him with' a pistol; pleaded not guilty, was convicted of murder in the second degree, and sentenced to the penitentiary for the term of twenty years. ' The indictment was found at the November terra of tfie court, 1883, as shown by the recitals of the caption, as follows: “Be it remembered that, on this, being Monday, the 19th day of July, 1883, the Circuit Court of said county was…
1Opinion of the Court
STONE, C. J. —
1. The statute prescribes, that at least fifteen persons must be sworn, to constitute a grand jury. Code of 1876, § 4753. It is contended for the prisoner, that under a proper interpretation of the caption, or recorded organi*7zation of the court at which the indictment was found, only twelve persons constituted the grand jury. We do not so interpret the record. According to our construction, of the eighteen persons named in the venire, three named persons — T. R. Sylvester, Hugh McLean, and D. McDonald — were excused by the court, and the remaining fifteen were sworn and…
2Cases cited13 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Storey v. StateSupreme Court of Alabama · 1882
- McAnally v. StateSupreme Court of Alabama · 1883
- McLean v. StateSupreme Court of Alabama · 1849
- Ingram v. StateSupreme Court of Alabama · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Maxwell v. StateSupreme Court of Alabama · 1889
- Hayes v. StateCourt of Criminal Appeals of Alabama · 1980
- Fields v. StateSupreme Court of Florida · 1903
- Welsh v. StateSupreme Court of Alabama · 1892
- Stewart v. StateSupreme Court of Alabama · 1885
16 more not listed; retrieve them via the Exa API.