Legal Opinion

Harrall v. State

Supreme Court of Alabama

Decided January 15, 1855PublishedCited by 21 opinions

Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. HeNRY Harrall, the appellant, was indicted at the Fall term, 1853, of the Circuit Court of Wilcox, for the murder of one John T. Daniel, — was arrested and arraigned at the same term, and pleaded not guilty, and a day was set for his trial.

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Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. HeNRY Harrall, the appellant, was indicted at the Fall term, 1853, of the Circuit Court of Wilcox, for the murder of one John T. Daniel, — was arrested and arraigned at the same term, and pleaded not guilty, and a day was set for his trial. On a subsequent day of the term, before the day appointed for his trial, he made affidavit for a change of venue, which was granted by the court; whereupon it was agreed that the trial should be removed to Dallas county, and it was ordered by the court “ that the clerk of this court…

1Opinion of the CourtRice, J.

— Section 3613 of the Code provides, that, “ when an order removing the trial in á criminal case is made, the clerk must make out a transcript of the caption of the grand jury, the indictment, with the endorsement thereon, and all entries relating thereto, the undertakings or recognizances of the defendant, and all the orders and judgments upon the same, the order for the removal of the trial, and all the other orders in the cause, — attach his certificate thereto, and forward it, sealed up, by a special messenger, or deliver such transcript and certificate to the clerk of the court of the…

2Cited by21 opinions

  1. Ex parte BuckleySupreme Court of Alabama · 1875
  2. Holley v. StateSupreme Court of Alabama · 1883
  3. Davis v. StateAlabama Court of Appeals · 1913
  4. Miller v. StateSupreme Court of Alabama · 1895
  5. Ex parte GarlandSupreme Court of Alabama · 1868

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