Evans v. State
Alabama Court of Appeals
Appeal from Circuit Court, Marshall County ; W. W. Haralson, Judge. Henry Evans was convicted of murder in the second degree, and he appeals.
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Appeal from Circuit Court, Marshall County ; W. W. Haralson, Judge. Henry Evans was convicted of murder in the second degree, and he appeals. The following charges were refused the defendant: 30. The court charges the jury that, while the testimony of Dr. Thomason as to his treatment of the female witness in the case is admissible in evidence, yet it is the duty of the jury to waive this, in the light of its variance, if any, from his testimony in a former trial, in connection with all the other evidence in the iase, in determining what effect-you will give such evidence. 31. If you have a…
1Opinion of the CourtBrown, P. J.
[1] This is the second ap peal in this case. Evans v. State (Sup.) 79 South. 240. After remandment of the case to the trial court, the defendant was reindicted by a grand jury drawn from-the jury box, containing only the names of persons qualified to serve as jurors in the Guntersville district of the circuit court of Marshall county, and on the trial, by motion to quash and plea in abatement, the defendant insisted that a grand jury so drawn was illegal and the indictment should be quashed. The motion to quash was denied and the plea in abatement overruled by the court, and the defendant now…
2Cases cited8 opinions
- Cox v. StateSupreme Court of Alabama · 1909
- Childress v. StateSupreme Court of Alabama · 1888
- McClain v. StateSupreme Court of Alabama · 1913
- Chambers v. StateAlabama Court of Appeals · 1919
- Henderson v. StateAlabama Court of Appeals · 1913
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3Cited by3 opinions
- Holloway v. StateAlabama Court of Appeals · 1952
- Patrick v. StateAlabama Court of Appeals · 1921
- Holloway v. StateAlabama Court of Appeals · 1952