Legal Opinion

Tyler v. State

Supreme Court of Alabama

Decided December 1, 1921No. 6 Div. 499PublishedCited by 15 opinions

Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Lon Tyler was convicted of murder in the first degree, and he appeals. The objection to and motion to quash the indictment was based first on the insufficiency of legal testimony for the grand jury to authorize the finding in the same, but this ground was abandoned.

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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Lon Tyler was convicted of murder in the first degree, and he appeals. The objection to and motion to quash the indictment was based first on the insufficiency of legal testimony for the grand jury to authorize the finding in the same, but this ground was abandoned. The second reason for quashing was based first on the proposition that the grand jury was improperly impaneled, in that after passing upon all the excuses and so forth of the jurors summoned and in attendance on the court for the week the court did not cause the…

1Opinion of the CourtAnderson, C. J.

[1] The act of 1919 (page 1039), amending certain sections of the Jury Law of 1909, does not offend so much of section 45 of the Constitution as provides that;

“No law shall be revived, amended, or the provisions thereof extended or conferred, by reference to its title only; but so much thereof as is revived, amended, extended, or conferred shall be re-enacted and published at length.”

The amendment here is complete and intelligible and original in form, and can be understood without reference to so much of the-original act as is sought to be amended. State ex rel. Terry v. Lanier, 197 Ala. 1.…

2Cases cited11 opinions

  1. State v. RogersSupreme Court of Alabama · 1894
  2. Gafford v. StateSupreme Court of Alabama · 1898
  3. City Council v. BirdsongSupreme Court of Alabama · 1899
  4. Wilson v. StateSupreme Court of Alabama · 1903
  5. Patterson v. StateSupreme Court of Alabama · 1911

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

3Cited by15 opinions

  1. Nachman v. State Tax CommissionSupreme Court of Alabama · 1937
  2. Spelce v. StateAlabama Court of Appeals · 1924
  3. State v. McHenrySupreme Court of Iowa · 1929
  4. Umble v. StateSupreme Court of Alabama · 1922
  5. Young v. StateCourt of Criminal Appeals of Alabama · 1978

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

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