Legal Opinion

Evans v. State

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 50 opinions

Appeal from the Circuit Court of Cleburne. Tried before D. C. Blackwell, Esq., Special Judge.' The appellant, Henry Evans, was jointly indicted with Ben Crawford, for the murder of A. M. Palmer, “alias Amasa, alias Mace Palmer.” The indictment charged murder in the second degree. A severance was had, on the motion of the defendant Evans, and he was put on trial. The testimony ■ for the state tended to show that on the night of the killing efsaidA.

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Appeal from the Circuit Court of Cleburne. Tried before D. C. Blackwell, Esq., Special Judge.' The appellant, Henry Evans, was jointly indicted with Ben Crawford, for the murder of A. M. Palmer, “alias Amasa, alias Mace Palmer.” The indictment charged murder in the second degree. A severance was had, on the motion of the defendant Evans, and he was put on trial. The testimony ■ for the state tended to show that on the night of the killing efsaidA. M. Palmer, the defendant, Ben Crawford and Henry Boman went ■ together to the house of Alice Palmer, a daughter-in-law of the deceased ; that the…

1Opinion of the CourtHaralson, J.

Section 4316 of the Code provides, that if for any cause, no petit jury is summoned for any week of the term of the court, the court may, by an order entered on the minutes, direct the sheriff forthwith to summon the requisite number to servo as petit jurors, etc. Section 4306 provides for the drawing of petit jurors by the officers appointed for the purpose, for each regular term of the court, “allowing thirty persons for each week of the term prescribed by law.” Reference is manifestly made in said section 4316, touching “the requisite number to serve as petit jurors,” to the provisions of…

2Cases cited19 opinions

  1. Storey v. StateSupreme Court of Alabama · 1882
  2. Williams v. StateSupreme Court of Alabama · 1886
  3. Martin v. StateSupreme Court of Alabama · 1889
  4. Moulton v. StateSupreme Court of Alabama · 1889
  5. Gunter v. StateSupreme Court of Alabama · 1887

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

3Cited by50 opinions

  1. Crawford v. StateSupreme Court of Alabama · 1895
  2. Stokley v. StateSupreme Court of Alabama · 1950
  3. Powers v. CommonwealthCourt of Appeals of Kentucky · 1901
  4. Gibbons v. TerritoryCourt of Criminal Appeals of Oklahoma · 1911
  5. Way v. StateSupreme Court of Alabama · 1908

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

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