Clarke v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the Hon. J. W. Foster. The substance of the indictment, under' which the defendant in this case was convicted for murder in the second degree and sentenced to the penitentiary for ten years, is sufficiently stated in the .opinion. To the indictment the defendant demurred upon the following grounds : 1st. The indictment fails to state the name of the infant alleged to have been killed by the defendant. 2d.
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Appeal from the Circuit Court of Geneva. Tried before the Hon. J. W. Foster. The substance of the indictment, under' which the defendant in this case was convicted for murder in the second degree and sentenced to the penitentiary for ten years, is sufficiently stated in the .opinion. To the indictment the defendant demurred upon the following grounds : 1st. The indictment fails to state the name of the infant alleged to have been killed by the defendant. 2d. The indictment fails to name or state the sex of said infant named in the indictment. 3d. The indictment fails to allege or charge the…
1Opinion of the CourtBrickell, C. J.
1. The indictment contains three counts, not materially different, alleging that the defendant with malice aforethought killed an infant child by the unlawful beating of the mother while it was in the womb, causing its death after birth. The *5child is not otherwise described than by reference to its maternity; and in the first and third counts, it is alleged that it was unnamed, and in the second count it is alleged the name was to the grand jury unknown. In the English precedents of indictments for like offenses, in the cases referred to in Wharton on Homicide, section 805, and Wharton on…
2Cases cited5 opinions
- Harrington v. StateSupreme Court of Alabama · 1887
- State v. MooreSupreme Court of Iowa · 1868
- State v. NeillSupreme Court of Alabama · 1844
- State v. DyerSupreme Judicial Court of Maine · 1871
- Tucker v. StateSupreme Court of Alabama · 1882
3Cited by33 opinions
- Drobner v. . PetersNew York Court of Appeals · 1921
- Vo v. Superior CourtCourt of Appeals of Arizona · 1992
- Commander v. StateCourt of Criminal Appeals of Alabama · 1978
- Stanford v. St. Louis-San Francisco Ry. Co.Supreme Court of Alabama · 1926
- Flint v. StateCourt of Criminal Appeals of Alabama · 1979
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