Spicer v. State
Supreme Court of Alabama
Appeal from Covington Circuit Court, Heard before Hon. A. H. Alston. • Sam Spicer, Jr., was convicted of the murder of bis wife, sentenced to tbe penitentiary for life, and from such judgment he appeals.
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Appeal from Covington Circuit Court, Heard before Hon. A. H. Alston. • Sam Spicer, Jr., was convicted of the murder of bis wife, sentenced to tbe penitentiary for life, and from such judgment he appeals. The court erred in excusing the jurors, for, notwithstanding their answers disclosed cause for challenge, the state may waive its right to challenge, and the court should not have excused them of its own motion. — Bell v. State, 115 Ala. 37; Lyman v. State, 45 Ala. 78; Murphy v. State, 37 Ala. 142; §§ 7276, and 7278, Code 1907. Neither of the Carters were disqualified as jurors. — § 11, Acts…
1Opinion of the CourtMayfield, J.
Appellant was indicted, convicted, and sentenced to the penitentiary for life for the murder of his wife.
•Deceased Avas shot Avith a shotgun, shortly after dark, and about the time she Avas finishing up her day’s work. She had just about finished cleaning up her dining room after supper, and the other members of the family— her husband and tsvo small children — were preparing to retire for the night. At the moment she was shot she was coming off a gallery or porch into one of the rooms. The person who did the shooting was just outside of the house and only a few feet — 10 or 15 — from the…
2Cases cited32 opinions
- Alexander v. United StatesSupreme Court of the United States · 1891
- McAdory v. StateSupreme Court of Alabama · 1878
- Johnson v. StateSupreme Court of Alabama · 1850
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1888
- Carlton v. PeopleIllinois Supreme Court · 1894
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3Cited by74 opinions
- Fuller v. StateSupreme Court of Alabama · 1959
- Harris v. StateCourt of Criminal Appeals of Alabama · 1992
- Bowden v. StateSupreme Court of Alabama · 1988
- McCord v. StateCourt of Criminal Appeals of Alabama · 1986
- State v. BrakeOregon Supreme Court · 1921
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