Legal Opinion

Sanford v. State

Supreme Court of Alabama

Decided November 15, 1904PublishedCited by 28 opinions

Appeal from the City Court of Montgomery. Tried before Hon. William H. Thomas. In this cause the appellant ivas tried upon an indictment charging- him Avith the murder of one Jim Achors. The defendant Avas found guilty of murder in the second degree, and appeals. In the process of empanelling the jury, one H. J. Talley’s name was called.

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Appeal from the City Court of Montgomery. Tried before Hon. William H. Thomas. In this cause the appellant ivas tried upon an indictment charging- him Avith the murder of one Jim Achors. The defendant Avas found guilty of murder in the second degree, and appeals. In the process of empanelling the jury, one H. J. Talley’s name was called. In answer to questions of the court, on his examination as to his qualifications as a juror, he said that he had no fixed opinion against capital punishment, and was thereupon declared by the court- to be a competent juror. Thereupon, the solicitor, by…

1Opinion of the CourtSimpson, J.

The defendant (appellant) was tried under an indictment for murder and convicted of murder in the second degree. Taking the' exceptions in the order mentioned in appellant’s brief:

Apart from the consideration as to whether a sufficient predicate Avas laid, the court erred in permitting the witness R. H. Jones, who was the justice of the peace before whom defendant had been tried on preliminary trial, and who had taken the testimony of the witness, Albright,in writing, to testify as to what said witness’ testimony was. The writing was the best evidence of what he testified to. — Matthews v.…

2Cases cited14 opinions

  1. Campbell v. StateSupreme Court of Alabama · 1853
  2. Pickens v. StateSupreme Court of Alabama · 1896
  3. Karr v. StateSupreme Court of Alabama · 1894
  4. Rutledge v. StateSupreme Court of Alabama · 1889
  5. Harkness v. StateSupreme Court of Alabama · 1900

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

3Cited by28 opinions

  1. Smith v. StateSupreme Court of Alabama · 1916
  2. Bluett v. StateSupreme Court of Alabama · 1907
  3. Nichols v. StateSupreme Court of Alabama · 1964
  4. Curry v. StateSupreme Court of Alabama · 1919
  5. Blackwell v. StateSupreme Court of Florida · 1920

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

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