Spicer v. State
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Tried before Hon. H. L). Clayton. At the Fall Term, 1880, of the Circuit Court of Covington County, Ann Spicer, the appellant, .and another were jointly indicted for the murder of her infant child, and on their application for a change of venue, the case was removed to the Circuit Court of Coffee County, where the defendants were tried, and the appellant was convicted of murder in the first degree, and sentenced to the penitentiary for life.
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Appeal from Coffee Circuit Court. Tried before Hon. H. L). Clayton. At the Fall Term, 1880, of the Circuit Court of Covington County, Ann Spicer, the appellant, .and another were jointly indicted for the murder of her infant child, and on their application for a change of venue, the case was removed to the Circuit Court of Coffee County, where the defendants were tried, and the appellant was convicted of murder in the first degree, and sentenced to the penitentiary for life. On the trial, as appears from the bill of exceptions, it was shown on behalf of the State by the testimony of one…
1Opinion of the CourtSomerville, J.
The record in this case is exceedingly defective, especially in view of the fact that the prisoner was under indictment for a capital offense.
It fails to show, in the first place, that there was any service on the prisoner of a copy of the indictment and of tlie list of the venire summoned for her trial, such as is required by statute to be made upon defendants in actual'confinement under an indictment for any capital offense. The record, however, being entirely silent in this particular and failing to show the contrary, the principle has been settled by this court, that, in the absepce of…
2Cases cited15 opinions
- Aaron v. StateSupreme Court of Alabama · 1861
- Roberts v. StateSupreme Court of Alabama · 1881
- Moss v. StateSupreme Court of Alabama · 1868
- Nutt v. StateSupreme Court of Alabama · 1879
- Fernandez v. StateSupreme Court of Alabama · 1845
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3Cited by46 opinions
- Aaron v. StateSupreme Court of Alabama · 1960
- Burton v. StateSupreme Court of Alabama · 1896
- Banks v. StateSupreme Court of Alabama · 1921
- Sylvester v. StateSupreme Court of Alabama · 1881
- Holland v. StateSupreme Court of Florida · 1897
41 more not listed; retrieve them via the Exa API.