Legal Opinion
Malloy v. State
Supreme Court of Alabama
Decided April 12, 1923No. 8 Div. 494PublishedCited by 26 opinions
1Opinion of the CourtMiller, J.
The defendant, Russell Malloy, was indicted, tried, and convicted of rape; his punishment being fixed at 25 years in the penitentiary.
The indictment literally follows the form No. 88 provided by section 7161 of the Code of 1907 for the offense charged. This was sufficient, and the court did not err in overruling the demurrer to it. Section 7132, Code 1907.
There was an application by the defendant for a change of venue, setting forth the reasons why lie could not have a fair and impartial trial in that county in which the indictment was found, which was sworn to by the defendant. It was…
2Cases cited11 opinions
- Godau v. StateSupreme Court of Alabama · 1913
- Rollings v. StateSupreme Court of Alabama · 1909
- Lambert v. StateSupreme Court of Alabama · 1922
- Sharp v. StateSupreme Court of Alabama · 1915
- Whitehead v. StateSupreme Court of Alabama · 1921
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Sprinkle v. StateCourt of Criminal Appeals of Alabama · 1978
- Maund v. StateSupreme Court of Alabama · 1950
- Powell v. StateSupreme Court of Alabama · 1932
- Welch v. StateAlabama Court of Appeals · 1938
- Payne v. StateSupreme Court of Alabama · 1933
21 more not listed; retrieve them via the Exa API.