Legal Opinion

Gregg v. State

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 27 opinions

Appeal from the Circuit Court of Wilcox. Tried before the Hon. John Moore. The appellant, Julia Gregg, was indicted jointly with Nancy Gregg for infanticide. Nancy Gregg was acquitted, and Julia Gregg ■ was convicted of murder in the second degree, and sentenced to the penitentary for ten years. The facts pertaining to the questions reviewed on this appeal are sufficiently stated in the opinion.

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Appeal from the Circuit Court of Wilcox. Tried before the Hon. John Moore. The appellant, Julia Gregg, was indicted jointly with Nancy Gregg for infanticide. Nancy Gregg was acquitted, and Julia Gregg ■ was convicted of murder in the second degree, and sentenced to the penitentary for ten years. The facts pertaining to the questions reviewed on this appeal are sufficiently stated in the opinion. The defendant, Julia Gregg, asked the court to .give to the jury the following charge, and duly excepted to the court’s refusal to give it: “The court charges the jury that proof of contradictory…

1Opinion of the CourtHaralson, J.

— 1. Section 13 of the act of February 28th, 1887, as found in the Criminal Code, pp. 132-5, as amended by the act of February 28th, 1889, (Acts, 1888-89, p. 77), provides, that upon the trialof a capital case, the defendant shall be entitled to twenty-one peremptory challenges, and the State to fourteen, and when two or more defendants in such a case are on trial jointly, each defendant shall be entitled to one-half of the peremptory challenges allowed by the act.

The defendants in this case were tried jointly'. While selecting the jury', the defendant, Julia Gregg, separately' challenged,…

2Cases cited4 opinions

  1. Washington v. StateSupreme Court of Alabama · 1877
  2. Murphy v. StateSupreme Court of Alabama · 1879
  3. Beckham v. StateSupreme Court of Alabama · 1893
  4. Banks v. StateSupreme Court of Alabama · 1887

3Cited by27 opinions

  1. Phelps v. StateCourt of Criminal Appeals of Alabama · 1983
  2. Womack v. StateSupreme Court of Alabama · 1967
  3. Redwine v. StateSupreme Court of Alabama · 1952
  4. Voudrie v. StateCourt of Criminal Appeals of Alabama · 1980
  5. Carroll v. StateCourt of Criminal Appeals of Alabama · 1979

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