Kilgore v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Tiros. M. Arrington. The. indictment in this case contained two counts, charging that the defendant, Sandy Kilgore, a freedman, “unlawfully and with malice aforethought killed John Wesley Hill, alian Wesle.y Hill, by cutting or stabbing him with a knife;” or, as alleged in the second count, “ by striking him with some heavy instrument, to the grand jury unknown.”
Read the full summary
From the City Court of Montgomery. Tried before the Hon. Tiros. M. Arrington. The. indictment in this case contained two counts, charging that the defendant, Sandy Kilgore, a freedman, “unlawfully and with malice aforethought killed John Wesley Hill, alian Wesle.y Hill, by cutting or stabbing him with a knife;” or, as alleged in the second count, “ by striking him with some heavy instrument, to the grand jury unknown.” There was no objection to the indictment, in the court below, nor to the grand jury by which it was found; but the record shows that, of the seventeen persons summoned as grand…
1Opinion of the CourtBrickell, C. J.
1. The objections to' the formation of *7the grand jury are not well táken. It was organized, impanelled” and sworn, in conformity to the statute. — Code of 1876, § 4754. Fifteen only of the original venire having appeared, and two of them being excused from service, the contingency existed in which the court had power,' and it became a duty, to complete the jury, by ordering the summons of a sufficient number of qualified citizens to supply the deficiency. In the exercise of this power, the court could order a summons of only such number as would increase the jury to fifteen, or of such number…
2Cases cited13 opinions
- People v. SanchezCalifornia Supreme Court · 1864
- Mitchell v. StateSupreme Court of Alabama · 1877
- Oliver v. StateSupreme Court of Alabama · 1850
- McLean v. StateSupreme Court of Alabama · 1849
- McHugh v. StateSupreme Court of Alabama · 1858
8 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Hussey v. StateSupreme Court of Alabama · 1888
- Carter v. ChambersSupreme Court of Alabama · 1885
- Hall v. StateSupreme Court of Alabama · 1901
- Dolvin v. StateCourt of Criminal Appeals of Alabama · 1979
- Ex Parte RitterSupreme Court of Alabama · 1979
38 more not listed; retrieve them via the Exa API.