Legal Opinion

Cawley v. State

Supreme Court of Alabama

Decided November 15, 1901PublishedCited by 25 opinions

Appeal from the Circuit Court 'of Lee. Tried before the I-Ion. A. A. Evans. The appellant, John P. Cawley, was indicted and tried for the murder of Brady Jones by shooting him with a gun, was convicted of manslaughter in the first degree and sentenced to the penitentiary for ten years.

Read the full summary

Appeal from the Circuit Court 'of Lee. Tried before the I-Ion. A. A. Evans. The appellant, John P. Cawley, was indicted and tried for the murder of Brady Jones by shooting him with a gun, was convicted of manslaughter in the first degree and sentenced to the penitentiary for ten years. The defendant was arraigned on October 21, 1901. The judgment entry of said date recites as follows: “The defendant being in open court, attended by his counsel and being duly arraigned according to law pleads 'not guilty,’ and also 'not guilty by reason of insanity.’ ” The minute entry then recites that…

1Opinion of the CourtTyson, J.

'Tlie recitals in the minute entry sufficiently show the presence of the defendant when the several motions to quash the several venires were ruled upon by the court. No exception is shown to have been reserved by defendant to the action of the court in quashing the venires on motion of the solicitor. As sustaining the correctness of ¡the' ruling of the court in this respect, see Wilkins v. The State, 112 Ala. 55.

In respect to the refusal of the court to quash the venire on defendant’s motion, only those grounds of the motion are insisted upon which go to the right of the court to discard the…

2Cases cited9 opinions

  1. Parsons v. StateSupreme Court of Alabama · 1886
  2. Maxwell v. StateSupreme Court of Alabama · 1889
  3. Boswell v. StateSupreme Court of Alabama · 1879
  4. McLean v. StateSupreme Court of Alabama · 1849
  5. Walker v. StateSupreme Court of Alabama · 1890

4 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. George v. StateSupreme Court of Alabama · 1941
  2. Smith v. StateSupreme Court of Alabama · 1904
  3. Mulkey v. StateCourt of Criminal Appeals of Oklahoma · 1911
  4. Barbour v. StateSupreme Court of Alabama · 1954
  5. Tucker v. TuckerSupreme Court of Alabama · 1946

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API