Legal Opinion

Knight v. State

Supreme Court of Alabama

Decided May 13, 1909PublishedCited by 13 opinions

Appeal from Clay County Court. Heard before Hon. W. J. Pearce. Jay C. Knight was convicted of murder in the second degree, and he appeals. The question propounded to the witness Adair was as follows: “ Do you remember hearing Jay, some two or three days before the difficulty over here at Canvisle’s .store, or in Alexander’s store, make any threat?” and the answer: “I heard him make some threats, but don’t remember about the time.

Read the full summary

Appeal from Clay County Court. Heard before Hon. W. J. Pearce. Jay C. Knight was convicted of murder in the second degree, and he appeals. The question propounded to the witness Adair was as follows: “ Do you remember hearing Jay, some two or three days before the difficulty over here at Canvisle’s .store, or in Alexander’s store, make any threat?” and the answer: “I heard him make some threats, but don’t remember about the time. I couldn’t say postively whether it was just a few days before the difficulty or not”— and the following question: “ State to the jury what you heard him say,” and…

1Opinion of the CourtDenson, J.

A mistake occurred in the names of two of the veniremen, and on motion of the defendant they were discarded, and two jurors were summoned, in accordance with section 7267 of the Code of 1907, and their names placed in the hat, with the names of the other jurors, in substitution for the two discarded. Section 7268 of the Code provides that a defendant may peremptorily challenge such substituted jurors, “in addition to the other peremptory challenges allowed him by law.” After the defendant had peremptorily' challenged 21 jurors, including one of the two (Mr. Robertson) who were substituted for…

2Cases cited17 opinions

  1. Ford v. StateSupreme Court of Alabama · 1882
  2. Sanders v. KnoxSupreme Court of Alabama · 1876
  3. Jordan v. StateSupreme Court of Alabama · 1885
  4. Brown v. StateSupreme Court of Alabama · 1904
  5. Redd v. StateSupreme Court of Alabama · 1881

12 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Williams v. StateCourt of Criminal Appeals of Alabama · 1979
  2. Sharp v. StateSupreme Court of Alabama · 1915
  3. Duke v. StateSupreme Court of Alabama · 1952
  4. Glover v. StateSupreme Court of Alabama · 1917
  5. Adams Hardware Co. v. WimbishSupreme Court of Alabama · 1918

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API