Hall v. State
Supreme Court of Alabama
From tbe Circuit Court of Cherokee. Tried before the Hon. ¥i. J. Haralson. The prisoner in this case, William Hall, was indicted at the November term, 1865, for the murder of his wife, Mrs. Margaret Hall; and was tried, on issue joined on the plea of not guilty, at the May term, 1867. On the 30th April, 1867, as a minute-entry in the record shows, a day was set for the trial, and the sheriff was ordered to summon a special venire for the trial; and it was further ordered, “…
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From tbe Circuit Court of Cherokee. Tried before the Hon. ¥i. J. Haralson. The prisoner in this case, William Hall, was indicted at the November term, 1865, for the murder of his wife, Mrs. Margaret Hall; and was tried, on issue joined on the plea of not guilty, at the May term, 1867. On the 30th April, 1867, as a minute-entry in the record shows, a day was set for the trial, and the sheriff was ordered to summon a special venire for the trial; and it was further ordered, “ that a copy of the indictment, as well as a list of the jury, be served on the defendant, at least one entire day before…
1Opinion of the Court
A. J. WALKEB, C. J,
1. The verdict in this case was defective, and could not be' the legal predicate of a sentence, because it does not specify the degree of murder of which the accused was guilty. — Johnson v. State, 17 Ala. 618; Cobia v. State, 16 Ala. 781. Eor the error of rendering judgment on the insufficient verdict, there must be a reversal; and we shall proceed to announce our opinion as to the material questions of law presented by the bill of exceptions, for the guidance of the court on another trial.
2. Without deciding that the personal presence of the prisoner, when a day was set…
2Cases cited8 opinions
- Campbell v. StateSupreme Court of Alabama · 1853
- Johnson v. StateSupreme Court of Alabama · 1850
- Henry v. StateSupreme Court of Alabama · 1859
- Cobia v. StateSupreme Court of Alabama · 1849
- Felix v. StateSupreme Court of Alabama · 1851
3 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Storey v. StateSupreme Court of Alabama · 1882
- Levison v. StateSupreme Court of Alabama · 1875
- Gunter v. StateSupreme Court of Alabama · 1887
- Sylvester v. StateSupreme Court of Alabama · 1881
36 more not listed; retrieve them via the Exa API.