Legal Opinion

Mills v. State

Alabama Court of Appeals

Decided April 21, 1911PublishedCited by 20 opinions

Appeal from Henry Circuit Court. Heard before Hon. M. Sollie. Hardy Mills was convicted of second degree murder, and he appeals. The following charges were refused to the defendant; (A) “If the evidence of the state consists in the statement of witnesses, of the truth of which the jury have s "easonable doubt, they cannot convict on such evidence, although they may not believe the testimony of defendant’s witnesses.”

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Appeal from Henry Circuit Court. Heard before Hon. M. Sollie. Hardy Mills was convicted of second degree murder, and he appeals. The following charges were refused to the defendant; (A) “If the evidence of the state consists in the statement of witnesses, of the truth of which the jury have s "easonable doubt, they cannot convict on such evidence, although they may not believe the testimony of defendant’s witnesses.” (B) “If the guilt of the defendant depends upon the testimony of the witness Carl Pelham, and the jury believe from the evidence that said witness Pelham was willfully and…

1Per curiam

Section 32 of the jury law, in force at the time of this trial (Acts 1909 [Sp. Sess.] p. 318), among other things requires that: “Whenever any person or persons stand indicted for a capital felony, the court must on the first day of the term, or as soon as practicable thereafter, make an order commanding the sheriff to summon not less than fifty nor more than one hundred persons including those drawn and summoned on the regular juries for the week set for the trial of the case, and shall then in open court draw from the jury box the number of names required with the regular jurors drawn and…

2Cases cited6 opinions

  1. Segars v. StateSupreme Court of Alabama · 1888
  2. Griffin v. StateSupreme Court of Alabama · 1907
  3. Jackson v. StateSupreme Court of Alabama · 1902
  4. Seawright v. StateSupreme Court of Alabama · 1909
  5. Louisville & Nashville Railroad v. SealeSupreme Court of Alabama · 1909

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Freeman v. State.Court of Criminal Appeals of Alabama · 1998
  2. Ledbetter v. StateAlabama Court of Appeals · 1948
  3. Baxley v. StateAlabama Court of Appeals · 1921
  4. Gilbert v. StateAlabama Court of Appeals · 1925
  5. Brown v. StateAlabama Court of Appeals · 1924

15 more not listed; retrieve them via the Exa API.

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