Conwill v. State
Alabama Court of Appeals
Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Will Conwill was convicted of manslaughter in the first degree, and he appeals. The original transcript did not contain a copy of the orders made by the court relative to setting the day, summoning the venire and the order for their service upon the defendant, together with a copy of the indictment. The return of certiorari shows that the court made all the necessary and proper preliminary orders.
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Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Will Conwill was convicted of manslaughter in the first degree, and he appeals. The original transcript did not contain a copy of the orders made by the court relative to setting the day, summoning the venire and the order for their service upon the defendant, together with a copy of the indictment. The return of certiorari shows that the court made all the necessary and proper preliminary orders. The following charges Avere refused to the defendant: (10) “I charge you that, unless you believe that defendant used malice in firing…
1Opinion of the CourtWalker, P. J.
— In the brief filed by the counsel for the appellant the only contention made is that the record fails to show a compliance by the court with the requirements of the statute (Acts Special Session 1909, *84pp. 305, 319) as to setting a day for the trial of a person indicted for a capital felony, and as to drawing a special venire of jurors and the service upon the defendant of the list of names of all the jurors summoned for the week in which the trial is set and those drawn for the trial of his case, together with a copy of the indictment. The original transcript sent up on this appeal was…
2Cases cited4 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Allison v. StateAlabama Court of Appeals · 1911
- Laws v. StateSupreme Court of Alabama · 1905
- Smith v. StateAlabama Court of Appeals · 1911
3Cited by1 opinion
- Rogers v. StateCourt of Criminal Appeals of Alabama · 1972