Legal Opinion

Lyman v. State

Supreme Court of Alabama

Decided January 15, 1871PublishedCited by 8 opinions

Appeal from the Criminal Court of Dallas. Tried before Hon. Geo. H. Craig. Tbe defendant was indicted for an assault with intent to murder. From the bill of exceptions, it appears that after the defendant had been arraigned, and pleaded not guilty, the court proceeded to organize the jury.

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Appeal from the Criminal Court of Dallas. Tried before Hon. Geo. H. Craig. Tbe defendant was indicted for an assault with intent to murder. From the bill of exceptions, it appears that after the defendant had been arraigned, and pleaded not guilty, the court proceeded to organize the jury. After the State and defendant had exhausted all the challenges allowed by law, and had accepted the jurors then empanneled, the jury not being complete, one Parsons, who had been regularly summoned and drawn as a talesman, was called, and after being duly sworn, asked by the court all the quesiions…

1Opinion of the CourtPetees, J.

The objection to the indictment in this case is not well taken. The indictment is in the form prescribed in the Code. .Such forms are sufficient.— Eevised Code, § 4141, p. 809, No. 14. The case of Trexler v. The State, to which the court has been referred by the appellant’s counsel, was decided before the promulgation of the Code, and it is not an authority in such a case as this.— 19 Ala. 21; Eevised Code, §§ 4109, 4112, 4120.

The constitution of the State secures to every person charged with a criminal offense, in all criminal prosecutions in this State, a public trial by due course of law.—…

2Cases cited5 opinions

  1. Ex parte WalkerSupreme Court of Alabama · 1854
  2. Withers v. State ex rel. PoseySupreme Court of Alabama · 1860
  3. Murphy v. StateSupreme Court of Alabama · 1861
  4. Stalls v. StateSupreme Court of Alabama · 1856
  5. Trexler v. StateSupreme Court of Alabama · 1851

3Cited by8 opinions

  1. Spicer v. StateSupreme Court of Alabama · 1914
  2. Spigener v. StateSupreme Court of Alabama · 1878
  3. Hood v. KellySupreme Court of Alabama · 1970
  4. Murray v. StateSupreme Court of Alabama · 1924
  5. Murray & Bell v. StateSupreme Court of Alabama · 1872

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