Harrison v. State
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before the Hon. W. W. Haralson. The defendant was indicted as follows: “The grand jury -of said county charge that before the finding of this indictment, that T. J. Harrison, whose Christian name is to the grand jury otherwise unknown, unlawful^ and with malice of forethought killed Tom Linnville by shooting him with a gun.”
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Appeal from Jackson Circuit Court. Heard before the Hon. W. W. Haralson. The defendant was indicted as follows: “The grand jury -of said county charge that before the finding of this indictment, that T. J. Harrison, whose Christian name is to the grand jury otherwise unknown, unlawful^ and with malice of forethought killed Tom Linnville by shooting him with a gun.” “The grand jury of said county further charge that before the finding of this indictment, Thomas J. Harrison unlawfully and with malice of forethought killed Tom Linnville by shooting him with a gun etc.” (In this second count, the…
1Opinion of the CourtAnderson, J.
Upon an examination of the record we find that the name of the deceased seems identical in both counts, except that a dot does not appear over the *26“i” in one of the counts, and the objection raised on this account by the demurrer to the indictment or to the copy is hypercritical and without merit.
We do not think there is any merit in the ground of demurrer proceeding upon the idea that the indictment is repugnant and inconsistent, because it sets out the name of the defendant in one count and gives the initials in the other, with an averment that the Christian name was otherwise unknown. If…
2Cases cited10 opinions
- Duvall v. StateSupreme Court of Alabama · 1879
- Waters v. StateSupreme Court of Alabama · 1897
- Rhea v. StateSupreme Court of Alabama · 1893
- Pitts v. StateSupreme Court of Alabama · 1903
- Jackson v. StateSupreme Court of Alabama · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Bluett v. StateSupreme Court of Alabama · 1907
- McGhee v. StateSupreme Court of Alabama · 1912
- Fleming v. StateSupreme Court of Alabama · 1907
- Hill v. StateSupreme Court of Alabama · 1908
- Kyser v. StateCourt of Criminal Appeals of Alabama · 1987
15 more not listed; retrieve them via the Exa API.