Wright v. State
Alabama Court of Appeals
Appeal from Wilcox Circuit Court. Heard before Hon. B. M. Miller. Charlie Wright was convicted of murder in the second degree, and he appeals. The defendant filed a plea in abatement under the circumstances set forth in the opinion, which plea is as follows: “(1) Because the grand jury which found the indictment in this case was not legally drawn.
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Appeal from Wilcox Circuit Court. Heard before Hon. B. M. Miller. Charlie Wright was convicted of murder in the second degree, and he appeals. The defendant filed a plea in abatement under the circumstances set forth in the opinion, which plea is as follows: “(1) Because the grand jury which found the indictment in this case was not legally drawn. (2) Because at the time of the drawing of said grand jury by the judge of this court the name of Edward H. Carter was in the hat from which the judge drew said grand jury, when Edward H. Carter had been drawn and summoned as a juror for this court,…
1Opinion of the CourtPelham, J.
Upon being arraigned on an indictment, charging murder in the first degree, the defendant entered a plea of not guilty; but afterwards, and before the jury to try the case was selected, the defendant, through his counsel, asked leave to withdraw the plea of not guilty theretofore interposed and file a plea in abatement to the indictment and motion to quash the same, and out of this request a colloquy arose between counsel for the defendant and the presiding judge, and the bill of exceptions sets out the remarks of 'counsel for defendant and the comments of the presiding judge at some length,…
2Cases cited24 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Brister v. StateSupreme Court of Alabama · 1855
- Redd v. StateSupreme Court of Alabama · 1881
- Ex parte State Bar Ass'nSupreme Court of Alabama · 1890
- Ex parte KnightSupreme Court of Alabama · 1878
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3Cited by6 opinions
- Cook v. StateSupreme Court of Alabama · 1959
- Braxton v. StateAlabama Court of Appeals · 1919
- Wise v. StateAlabama Court of Appeals · 1914
- Huntsville Grocery Co. v. JohnsonAlabama Court of Appeals · 1915
- Turner v. StateAlabama Court of Appeals · 1916
1 more not listed; retrieve them via the Exa API.