Barber v. State
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Heard before Hon. John Pelham. ■ Frank Barber ivas convicted of murder in tlie first degree, and he appeals. The defendant was charged with the murder of a peddler named Madnick, and convicted and sentenced to life imprisonment.
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Appeal from St. Clair Circuit Court. Heard before Hon. John Pelham. ■ Frank Barber ivas convicted of murder in tlie first degree, and he appeals. The defendant was charged with the murder of a peddler named Madnick, and convicted and sentenced to life imprisonment. A former trial of this case was had at Pell City, in St. Clair county; the court there being held under an ordinance adopted by the constitutional convention held void in the former appeal in this cause, and under an act held void for want of notice of intention to apply. This former conviction is made a plea and interposed as…
1Opinion of the CourtAnderson, J.
The judgment entry shows a sufficient compliance with the statute (sections 50G4 and 5005 of the Code of 1896) as to arraignment, setting case for trial, drawing venire, and ordering service of copy of venire and indictment. It also sufficiently shows the presence of the defendant at all stages of the trial. — Dix v. State, 147 Ala. 70, 41 South. 924. The statute does not require that the case be set for trial a day previous to the drawing of the jury. It is sufficient if the date of the trial is fixed the same day the jury is drawn. The statute means that these things must be done at least…
2Cases cited9 opinions
- McAllister v. StateSupreme Court of Alabama · 1850
- Foster v. StateSupreme Court of Alabama · 1864
- Lucas v. StateSupreme Court of Alabama · 1905
- Dominick v. StateSupreme Court of Alabama · 1867
- Sims v. StateSupreme Court of Alabama · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Whitehead v. StateCourt of Criminal Appeals of Alabama · 1999
- Murrell v. StateCourt of Criminal Appeals of Alabama · 1979
- Rieber v. StateCourt of Criminal Appeals of Alabama · 1994
- Durden v. StateCourt of Criminal Appeals of Alabama · 1980
- Kastel v. United StatesCourt of Appeals for the Second Circuit · 1927
20 more not listed; retrieve them via the Exa API.