Legal Opinion

Welsh v. State

Supreme Court of Alabama

Decided November 15, 1892PublishedCited by 33 opinions

Appeal from tbe City Court of Gadsden. Tried before tbe Hoii. JohN H. Bisque. Tbe indictment in tbis case charged tbat “before tbe finding of tbis indictment Tally Welsh, whose true Christian name is to tbe grand jury unknown otherwise than as stated, unlawfully and with malice aforethought killed Will Welsh, whose true Christian name is to the grand jury unknown otherwise than as stated, by. shooting him with a pistol, against the peace,” etc.

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Appeal from tbe City Court of Gadsden. Tried before tbe Hoii. JohN H. Bisque. Tbe indictment in tbis case charged tbat “before tbe finding of tbis indictment Tally Welsh, whose true Christian name is to tbe grand jury unknown otherwise than as stated, unlawfully and with malice aforethought killed Will Welsh, whose true Christian name is to the grand jury unknown otherwise than as stated, by. shooting him with a pistol, against the peace,” etc. The defendant pleaded “not guilty,” and was convicted of murder in the first degree. Tbe record shows that, upon the call of the venire for the grand…

1Opinion of the CourtMcCLELLAN, J.

The act establishing the Gadsden City Court provides that grand and petit jurors shall be drawn, summoned and empannelled therein in the manner provided by law for the drawing, summoning and empan-nelling of such jurors for the Circuit Court of Etowah county. — Acts 1890-91, pp. 1092-1103. The law which ob*96tains in respect of jurors in said Circuit Court is that embodied in sections 4299 et seq. of tbe Code; Etowab county being expressly excepted from tbe operation of tbe later enactment wbicb is noted and set out at pages 131 to 135 of tbe Criminal Code. And tbe objections now made to tbe…

2Cases cited8 opinions

  1. Tanner v. StateSupreme Court of Alabama · 1890
  2. Wells v. StateSupreme Court of Alabama · 1889
  3. Martin v. StateSupreme Court of Alabama · 1884
  4. McKleroy v. StateSupreme Court of Alabama · 1884
  5. Lundy v. StateSupreme Court of Alabama · 1890

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

3Cited by33 opinions

  1. Travis v. StateCourt of Criminal Appeals of Alabama · 1997
  2. Thomas v. StateCourt of Criminal Appeals of Alabama · 1988
  3. Houston v. StateSupreme Court of Alabama · 1923
  4. Lakey v. StateSupreme Court of Alabama · 1952
  5. Brown v. StateMississippi Supreme Court · 1911

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

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