Gary v. State
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Otis Gary was convicted of murder in the second degree, and lie appeals.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Otis Gary was convicted of murder in the second degree, and lie appeals. A mistrial should have been entered and a continuance granted because of the separation’ of the jury. 45 Ala. 59. The demurrer to the evidence should have been sustained. 1 Mayfield, 415. It was competent to show that the deceased was in the habit of carrying a pistol and that this was known to the defendant. 133 Ala. 138, 32 South. 227; 116 Ala. 463, 23'South. 26; 200 Ala. 384, 76 South. 300. Where parts of a conversation are brought out the other party…
1Opinion of the CourtSamford, J.
[1] The indictment was as follows:
“The grand jury of said county charge that before the finding of this indictment Otis Gary unlawfully and with malice aforethought killed John Trimble, alias Rock, by bouse cutting him with a knife, against the peace and dignity of the state of Alabama.”
Demurrer was interposed seeking to have the indictment declared had because the word “house” in some way had been written into the indictment in such way as to render the charge meaningless. This is clearly a “lapsus pennm,” and does not render the indictment meaningless. On the contrary, the error is so…
2Cases cited18 opinions
- Davis v. StateSupreme Court of Alabama · 1901
- Grant v. StateSupreme Court of Alabama · 1876
- Gibson v. StateSupreme Court of Alabama · 1890
- Sanders v. StateSupreme Court of Alabama · 1913
- Sims v. StateSupreme Court of Alabama · 1903
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Henry v. StateCourt of Criminal Appeals of Alabama · 1976
- Cook v. StateCourt of Criminal Appeals of Alabama · 1977
- Gurley v. StateAlabama Court of Appeals · 1952
- Favors v. StateAlabama Court of Appeals · 1945
- Frazier v. StateCourt of Criminal Appeals of Alabama · 1972
9 more not listed; retrieve them via the Exa API.