Legal Opinion

Tarver v. State

Supreme Court of Alabama

Decided November 15, 1902PublishedCited by 11 opinions

Appeal from tlie City Court of Montgomery. Tried before thei Hon. William H. Thomas. Tlie appellant in this case, Jordan Tarver, was indicted and tried for the murder of Ann Tarver, ivas convicted of murder in the second degree and sentenced, to the penitentiary for forty jrears.

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Appeal from tlie City Court of Montgomery. Tried before thei Hon. William H. Thomas. Tlie appellant in this case, Jordan Tarver, was indicted and tried for the murder of Ann Tarver, ivas convicted of murder in the second degree and sentenced, to the penitentiary for forty jrears. The bill of exceptions contains the following recital as to tlie rulings of the court in the organization 'of the jury: “The name of S. S. Higgins a special juror summoned to try this cause was called and he failed to answer. The court stated that said Higgins had informed the court that lie was a deputy Ü. S.…

1Opinion of the CourtDowdell, J.

An order of the court made on the 6th day of January, 1903, allowed to the defendant thirty days from that date for a bill of exceptions. The bill of exceptions bears no date as to the time of the signing by the presiding judge, but it recites at the conclusion and just before the signature of the judge, that “the defendant now tenders this his bill of exceptions, which is signed by the. presiding judge within the time fixed by the order of the court.” This is a prime facie showing that the bill was signed on a day within, the thirty days from the date of the order, as much so .as if it had…

2Cited by11 opinions

  1. Gautney v. StateSupreme Court of Alabama · 1969
  2. Marshall v. StateSupreme Court of Alabama · 1929
  3. King v. StateCourt of Criminal Appeals of Alabama · 1985
  4. Raines v. StateCourt of Criminal Appeals of Alabama · 1984
  5. Schmidt ex rel. Schmidt v. StoneNorth Dakota Supreme Court · 1923

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