Wells v. State
Supreme Court of Alabama
From the Circuit Court of Hale. Tried before the Hon. John Moore. The defendant in this case, Major Wells, was indicted for the murder of John Larkin, by shooting him with a gun or pistol; was convicted of murder in the second degree, and sentenced to the penitentiary for the term of 22 years. The indictment was found at the Spring term, 1889, and the defendant was then arraigned and pleaded not guilty; but the case was continued.
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From the Circuit Court of Hale. Tried before the Hon. John Moore. The defendant in this case, Major Wells, was indicted for the murder of John Larkin, by shooting him with a gun or pistol; was convicted of murder in the second degree, and sentenced to the penitentiary for the term of 22 years. The indictment was found at the Spring term, 1889, and the defendant was then arraigned and pleaded not guilty; but the case was continued. At the Spring term, 1891, the cause having been regularly continued from term to term, the defendant submitted a motion to quash the special venire which had been…
1Opinion of the CourtStone, C. J.
— The trial, in this case was held at the Fall term of the court in 1891. The venire of jurors summoned for the Aveek set for the trial Avas served on the defendant, as part of the- venire from which the jury was to be and was selected. In this order and service the statute Avas strictly conformed to. — Code of 1886, vol. 2, p. 134, §§ 10 and 11, in note. Before entering upon the trial, the defendant moved to quash that part of the venire Avhich consisted of the jurors drawn and summoned for the week, on the folloAving grounds, Avhich Avere shown by the testimony to be the facts of the case-:…
2Cases cited1 opinion
- Murphy v. StateSupreme Court of Alabama · 1888
3Cited by9 opinions
- Pate v. StateSupreme Court of Alabama · 1907
- Wilkins v. StateSupreme Court of Alabama · 1895
- Linehan v. StateSupreme Court of Alabama · 1896
- State v. BollnWyoming Supreme Court · 1902
- Forney v. StateSupreme Court of Alabama · 1893
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