State v. Pile
Supreme Court of Alabama
The defendants were indicted in the Circuit Court of Coving-ton, for an assault with the intent to kill and murder William Holland. Greenberry Pile is charged with having made the assault, feloniously and unlawfully, by discharging a rifle gun.— Caleb Pile is charged with having feloniously and maliciously incited his co-defendant to malee the assault with intent aforesaid.
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The defendants were indicted in the Circuit Court of Coving-ton, for an assault with the intent to kill and murder William Holland. Greenberry Pile is charged with having made the assault, feloniously and unlawfully, by discharging a rifle gun.— Caleb Pile is charged with having feloniously and maliciously incited his co-defendant to malee the assault with intent aforesaid. The defendants were tried on the plea of « not guilty,” and being convicted by the verdict of the jury, it was adjudged by the Court that Greenberry Pile be committed to the penitentiary for five years, and Caleb Pile for…
1Opinion of the CourtCollier, C. J.
In respect to the objection, that it appears from the recital in the record, that the venire required but fifteen persons to be summoned for the grand jury, it may be quite enough to say, that the jury law was modified by the act of December, 1841, so as to require but fifteen to be drawn and summoned for that purpose in the county of Covington, and many others. The other objections to the grand jury, constitute no *74reason for arresting the judgment; if they could have availed the ' defendants, they should have* been brought to the view of the Circuit Court by plea in abatement. Such has been…
2Cited by8 opinions
- Garner v. StateSupreme Court of Florida · 1891
- McGuire v. StateSupreme Court of Alabama · 1861
- Nugent v. StateSupreme Court of Alabama · 1851
- Shaw v. StateSupreme Court of Alabama · 1851
- Atkins v. StateSupreme Court of Alabama · 1877
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