Gater v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Perry County. Tried before the Hon. John Mooee. The appellant in this case, John Gater, was indicted and tried for the murder of William Whitehead, was convicted of murder in the first degree, and sentenced to he hanged. The minutes of the terms of the court at which the indictment against the defendant was preferred, contained the following caption: “State of Alabama, Perry County.
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Appeal from the Circuit Court of Perry County. Tried before the Hon. John Mooee. The appellant in this case, John Gater, was indicted and tried for the murder of William Whitehead, was convicted of murder in the first degree, and sentenced to he hanged. The minutes of the terms of the court at which the indictment against the defendant was preferred, contained the following caption: “State of Alabama, Perry County. Circuit Court, Fall Term, 1903. Be'it remembered that at a regular term of the circuit court begun and held'in and for the State and County aforesaid, at the court house in Marion…
1Opinion of the CourtTybon, J.
Objection was taken to the indictment, by demurrer, on the ground that it appears to have been found at the spring term, 1903, of the circuit court, while the endorsements on it showed it to have been preferred at the fall term, 1903.
*18This objection is predicated upon the theory that the caption of the indictment shows it to have been preferred at the spring term. It is true the words “Spring term 1903” are found in the beginning of the indictment and this fact is made the basis of the objection. But these words 'do not constitute the caption.
As said in Overton v. State, 60 Ala. 73 : “The…
2Cases cited5 opinions
- Webb v. StateSupreme Court of Alabama · 1893
- Whitten v. StateSupreme Court of Alabama · 1896
- Dryman v. StateSupreme Court of Alabama · 1893
- Overton v. StateSupreme Court of Alabama · 1877
- Toole v. StateSupreme Court of Alabama · 1889
3Cited by13 opinions
- Gladden v. StateCourt of Appeals of Maryland · 1974
- Welty v. StateIndiana Supreme Court · 1912
- Collins v. StateAlabama Court of Appeals · 1912
- Swain v. StateAlabama Court of Appeals · 1913
- Evans v. StateAlabama Court of Appeals · 1919
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