Cary v. State
Supreme Court of Alabama
From tho Circuit Court of Shelby. Tried before the lion. S. II. Srkott. The indictment in this case charged, in a single count, “ that Walter S. Cary, unlawfully and with malice aforethought, assaulted Henry C. Reynolds with intent to murder him.” The defendant pleaded not guilty, and was tried on issue joined on that plea.
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From tho Circuit Court of Shelby. Tried before the lion. S. II. Srkott. The indictment in this case charged, in a single count, “ that Walter S. Cary, unlawfully and with malice aforethought, assaulted Henry C. Reynolds with intent to murder him.” The defendant pleaded not guilty, and was tried on issue joined on that plea. On the trial, a bill of exceptions was reserved by the defendant, which purports to set out all tho evidence adduced, and states the following (with other) facts : The evidence tended to show that, in July, 1882, several burglaries and larcenies were committed in…
1Opinion of the CourtSomenyille, J.
— The judgment must be reversed, on the authority of Storey v. The State, 71 Ala. 330, and other cases there cited, for a defect in the administration of the oath to the jury. The recital is, that the jury “ were sworn well and truly to try the issues joined,” thus omitting the phrase, “ and a true verdict render according to the evidence, so help you God,” which is expressly made an essential ingredient of such oath by statutory requirement. — Code, 1876, § 4765; Johnson v. The State, 74 Ala. 537.
There are two classes of notaries public in this State, each of which is appointed by the…
2Cases cited11 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- Storey v. StateSupreme Court of Alabama · 1882
- Noles v. StateSupreme Court of Alabama · 1854
- Wilcox v. SmithNew York Supreme Court · 1830
- Tidwell v. StateSupreme Court of Alabama · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Suell v. DerricottSupreme Court of Alabama · 1909
- State v. BarrettIndiana Supreme Court · 1909
- Ridout v. StateTennessee Supreme Court · 1930
- Spraggins v. StateSupreme Court of Alabama · 1903
41 more not listed; retrieve them via the Exa API.