Sellers v. State
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Guilford Sellers was convicted of murder in the 2nd degree and he appeals. The affidavit as spread on the Senate journal is void. — 1 Ency P., & P. Being void, the Act was violative of section 106 Constitution 1909. — Childers v. Shepherd, 142 Ala. 385; Dudley v. Fitzpatrick, 143 Ala. 162; State ex rel.
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Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Guilford Sellers was convicted of murder in the 2nd degree and he appeals. The affidavit as spread on the Senate journal is void. — 1 Ency P., & P. Being void, the Act was violative of section 106 Constitution 1909. — Childers v. Shepherd, 142 Ala. 385; Dudley v. Fitzpatrick, 143 Ala. 162; State ex rel. Frederick v. Brodie, 148 Ala. 381; Wallace v. Jefferson County, 140 Ala. 491. No authority is shown to try this defendant at Enterprise. — Rose v. The State, 117 Ala. 77; Coodlow v. The State, 50 Ala. 93. The affidavit in…
1Opinion of the CourtDenson, J.
The plaintiff in error was indicted by the grand jury which was organized at the September term, 1908, of the circuit court, held for Coffee county at Elba, for the crime of murder; and he was tried at the December term of said court, held for said county at Enterprise, convicted of murder in the second degree, and sentenced to the penitentiary for the term of 10 years. He brings his cause to this court by writ of error, and insists that upon the face of the record it appears that the grand jury that preferred the indictment was illegally organized, and, therefore, that the indictment is void.
2Cases cited9 opinions
- Wallace v. Board of Revenue of Jefferson CountySupreme Court of Alabama · 1903
- Ex parte Howard-Harrison Iron Co.Supreme Court of Alabama · 1898
- Moody v. StateSupreme Court of Alabama · 1872
- Watts v. WomackSupreme Court of Alabama · 1870
- Childers v. ShepherdSupreme Court of Alabama · 1904
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3Cited by19 opinions
- Ex Parte Finance America Corp.Supreme Court of Alabama · 1987
- Tucker v. State Ex Rel. PooleSupreme Court of Alabama · 1935
- Los Angeles Olive Growers Ass'n v. Pacific Grocery Co.Washington Supreme Court · 1922
- Sparks v. StateAlabama Court of Appeals · 1958
- Cherokee County v. SavageSupreme Court of Alabama · 1947
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