Legal Opinion

Clarke v. State

Supreme Court of Alabama

Decided December 15, 1885PublishedCited by 55 opinions

From the Circuit Court of Jefferson. Tried before the ILon. S. H. Sprott. The defendant in this case, Balph Clarke, was indicted for the murder of James Leatherwood, by shooting him with a gun or pistol; and being tried on issue joined on the plea of not guilty, was found guilty of murder in the first degree, and sentenced to imprisonment in the penitentiary for life.

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From the Circuit Court of Jefferson. Tried before the ILon. S. H. Sprott. The defendant in this case, Balph Clarke, was indicted for the murder of James Leatherwood, by shooting him with a gun or pistol; and being tried on issue joined on the plea of not guilty, was found guilty of murder in the first degree, and sentenced to imprisonment in the penitentiary for life. The judgment-entry shows that the defendant was regularly arraigned on the 25th May, 1885 ; that the court then made an order appointing the 28th May for his trial, directing the summoning of a special venire for his trial, and…

1Opinion of the CourtClopton, J.

1. The record discloses an order, that a copy of the indictment and list of the jurors summoned be served on the defendant, but it is silent as to the service. In such case, on appeal, the service will be presumed to have been regular, in the absence of objection. — Spicer v. The State, 69 Ala. 159.

2. There was evidence showing that the offense was committed in Jefferson county. No instruction was given or requested in respect to its sufficiency. Without a decision by the Circuit Court, made the subject of an exception, and involving an inquiry into the sufficiency of the evidence, this court…

2Cases cited11 opinions

  1. Winslow v. StateSupreme Court of Alabama · 1884
  2. Tidwell v. StateSupreme Court of Alabama · 1881
  3. Hubbard v. StateSupreme Court of Alabama · 1882
  4. Brandon v. . the PeopleNew York Court of Appeals · 1870
  5. Spicer v. StateSupreme Court of Alabama · 1881

6 more not listed; retrieve them via the Exa API.

3Cited by55 opinions

  1. Ferguson v. GeorgiaSupreme Court of the United States · 1961
  2. Anderson v. StateSupreme Court of Alabama · 1922
  3. State v. GarciaNew Mexico Supreme Court · 1914
  4. State v. KentNorth Dakota Supreme Court · 1896
  5. Spicer v. StateSupreme Court of Alabama · 1914

50 more not listed; retrieve them via the Exa API.

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