Evans v. State
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Tried before Hon. Louis Wyeth. Tbe appellant was indicted, under tbe name of Henry Evans alias Henry Bounsiville, for tbe murder of one Foster.
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Appeal from Jackson Circuit Court. Tried before Hon. Louis Wyeth. Tbe appellant was indicted, under tbe name of Henry Evans alias Henry Bounsiville, for tbe murder of one Foster. Tbe indictment contained two counts, tbe first of which charged that appellant unlawfully and with malice aforethought, killed Mack Foster, by cutting him with a knife; and the second count is identical with tbe first, with tbe exception of tbe name of tbe party killed, which is averred to be Mack Foster alias Anthony McKendry Foster. Tbe appellant moved for a change of venue, which tbe court refused, and be…
1Opinion of the CourtManning, J.
It is settled law in this court, that the decision of a Circuit Court refusing a change of venue in a criminal cause is not subject to revision here. — Kelly v. The State, 52 Ala. 361.
After pleading not guilty to an indictment for murder, which was in no respect insufficient, and.taking part in empanneling a jury sworn to try him, and examination has been had of the witnesses, it is too late for a defendant to object that the copy of the indictment which had been delivered to him was incorrect; at least, unless it be made manifest that the defendant had thereby been put to a disadvantage…
2Cases cited3 opinions
- Eiland v. StateSupreme Court of Alabama · 1875
- Hadley v. StateSupreme Court of Alabama · 1876
- Kelly v. StateSupreme Court of Alabama · 1875
3Cited by17 opinions
- Griffin v. StateSupreme Court of Alabama · 1891
- Pate v. StateSupreme Court of Alabama · 1891
- Ortiz v. StateSupreme Court of Florida · 1892
- Barnett v. StateSupreme Court of Alabama · 1887
- Flurry v. StateCourt of Criminal Appeals of Alabama · 1973
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