Legal Opinion

Miller v. State

Supreme Court of Alabama

Decided December 15, 1875PublishedCited by 22 opinions

Appeal from Circuit Court of Bussell. Tried before Hon. J. E. Cobb. The appellant, under the name of William A. Miller, was indicted for the murder of one John Eord. There was some evidence tending to show that the defendant apprehended an attack from Eord.

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Appeal from Circuit Court of Bussell. Tried before Hon. J. E. Cobb. The appellant, under the name of William A. Miller, was indicted for the murder of one John Eord. There was some evidence tending to show that the defendant apprehended an attack from Eord. The evidence showed that the deceased and accused had met, about an hour before the killing, and attempted to fight, but had been prevented from doing so by mutual friends; that the accused had left the place, and shortly afterwards returned with a pistol. The deceased was standing in front of a store, when accused went up to him and asked…

1Opinion of the CourtBrickell, C. J.

The misnomer of a defendant in an indictment is matter of a plea in abatement, not of objection on the trial after arraignment and the plea of not guilty, or of motion in arrest of judgment.

The statute commits to the discretion of the jury the punishment of murder in the second degree, subject to no other limitation than that it must be imprisonment in the penitentiary, or hard labor for the county, for a term not less than ten years. If the facts of the case seem to them to require it, they may impose imprisonment for life, or for any number of years exceeding ten.- — R. C. § 3654.

*157The…

2Cases cited2 opinions

  1. People v. WilliamsCalifornia Supreme Court · 1872
  2. Bell's Adm'r v. TroySupreme Court of Alabama · 1859

3Cited by22 opinions

  1. State v. AnselmoUtah Supreme Court · 1915
  2. Thomas v. StateSupreme Court of Alabama · 1951
  3. Young v. StateCourt of Criminal Appeals of Alabama · 1982
  4. Scott v. StateSupreme Court of Alabama · 1924
  5. Wells v. StateSupreme Court of Alabama · 1889

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