Mitchell v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the lion. J. A. Bilbro. The appellant, 1). P. Mitchell, was jointly indicted with Lint and Lon Mitchell for the murder of Dave Thompson by shooting him with a gun. Upon motion of the defendants a severance was had, and the appellant in the present case ivas convicted of murder in the second degree and sentenced to the penitentiary for' fifteen years.
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Appeal from the Circuit Court of Marshall. Tried before the lion. J. A. Bilbro. The appellant, 1). P. Mitchell, was jointly indicted with Lint and Lon Mitchell for the murder of Dave Thompson by shooting him with a gun. Upon motion of the defendants a severance was had, and the appellant in the present case ivas convicted of murder in the second degree and sentenced to the penitentiary for' fifteen years. The defendant filed a plea in abatement to the indictment upon the ground that the grand jury which preferred said indictment was an illegal body in that the jurors composing said grand jury…
1Opinion of the CourtSharpe, J.
It was not a valid ground of objection to the. grand jury which found the indictment or to the special ren ire from which the petit jury was selected that they were not drawn by or in the presence of the sheriff, clerk and probate judge, according to the act of February 28, 1887. That act was altered by the adoption of the Code of 1896 so as to conform to the provisions of the jury laws as contained therein. — § 4976, et seq.; Baker v. State, 122 Ala. 1; Thompson v. State, Ib. 12; Childress v. State, Ib. 21.
The day set for the trial of this case was a week subsequent to the week in which the…
2Cases cited24 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Hawes v. StateSupreme Court of Alabama · 1889
- Gibson v. StateSupreme Court of Alabama · 1889
- DeArman v. StateSupreme Court of Alabama · 1882
- Miller v. StateSupreme Court of Alabama · 1894
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