Terry v. State
Alabama Court of Appeals
Murder. Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Peyton Terry was convicted of manslaughter in the first degree, and he appeals. The facts sufficiently appear.
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Murder. Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Peyton Terry was convicted of manslaughter in the first degree, and he appeals. The facts sufficiently appear. In its oral charge to the jury the court says: “Now as I said in my first instruction to you, the question to you is, What are my convictions, based upon the testimony in the case? Is it my judgment, after weighing and considering all of the testimony in case, that the defendant is guilty? If so, then in law he is guilty, and it would be your duty to return a verdict of guilt. If it is your judgment and your…
1Opinion of the CourtThomas, J.
The contention in appellant’s brief that the record contains no order of court showing the appointment of the special solicitor who signed the indictment and prosecuted the case is fully met by the return to the writ of certiorari, which sets out such an order that is in all things complete.(1) The suggestion that the record fails to- show that the jury who tried the case were sworn is likewise without merit, as the judgment entry recites: “Thereupon came a jury of good and lawful men, to wit, A. F. Sinquefield, foremen, and 11 others, who upon their oaths say: ‘We, the jury, find the…
2Cases cited36 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Levison v. StateSupreme Court of Alabama · 1875
- Johnson v. StateSupreme Court of Alabama · 1893
- Rogers v. StateSupreme Court of Alabama · 1897
- Fonville v. StateSupreme Court of Alabama · 1890
31 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Byrd v. StateAlabama Court of Appeals · 1920
- Hudson v. StateSupreme Court of Alabama · 1928
- Keith v. StateSupreme Court of Alabama · 1950
- State v. KneeskernSupreme Court of Iowa · 1926
- Harvey v. StateAlabama Court of Appeals · 1916
10 more not listed; retrieve them via the Exa API.