Brazier v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Fayette. Tried before Hon. W. S. Modd. The appellant was indicted for murder, tried and found guilty of murder in the first degree, and sentenced to the penitentiary for life. On the trial, as shown by the bill of exceptions, the following proceeding occurred in relation to drawing the names of the jurors.
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Appeal from the Circuit Court of Fayette. Tried before Hon. W. S. Modd. The appellant was indicted for murder, tried and found guilty of murder in the first degree, and sentenced to the penitentiary for life. On the trial, as shown by the bill of exceptions, the following proceeding occurred in relation to drawing the names of the jurors. After the number of jurors had been summoned, and a list thereof duly served on the defendant, as required by law, “ it appeared, during the progress of the trial, that only forty-five separate slips of paper had been placed in the hat, from which to draw…
1Opinion of the CourtPeters, J.
Henderson Brazier was indicted for murder in the circuit court of Payette county on the 28th day of September, 1869. The indictment is in the form prescribed by the Revised Code, except it is stated therein that the grand jury “charged that before the finding of this indictment Henderson Brazier unlawfully, and with malice aforethought, killed Cicero Gregory, by shooting him with a gun or pistol, against the peace and dignity of the State of Alabama.” It is contended that the use of the imperfect tense instead of the present tense of the word charge makes the indictment bad, even after a plea…
2Cases cited5 opinions
- Ex Parte MilliganSupreme Court of the United States · 1867
- Ex parte ChaseSupreme Court of Alabama · 1869
- People v. KellyCalifornia Supreme Court · 1856
- Francois v. StateSupreme Court of Alabama · 1852
- Hunter v. HemphillSupreme Court of Missouri · 1839
3Cited by6 opinions
- State v. PayneWashington Supreme Court · 1893
- State v. AustinSupreme Court of Missouri · 1904
- Powell v. StateSupreme Court of Alabama · 1872
- Territory of New Mexico v. OrtizNew Mexico Supreme Court · 1895
- Johnson v. StateSupreme Court of Alabama · 1872
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