Mitchell v. State
Supreme Court of Alabama
Appeal from Circuit Court of Bullock. Tried before Hon. H. D. Clayton. Tbe appellant, Robert Mitchell, -was indicted at the fall term, 1877, of said Circuit Court, for the murder of one Isabelle Hooks, bj poisoning with arsenic, and on the 30th of April, 1878, was tried and convicted of murder in the first degree; and, on the 2d of May, 1878, was sentenced to be hung — the court fixing Friday, June 1st, 1878, as the day of execution! On the trial, one Dr. G. A. Tompkins was…
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Appeal from Circuit Court of Bullock. Tried before Hon. H. D. Clayton. Tbe appellant, Robert Mitchell, -was indicted at the fall term, 1877, of said Circuit Court, for the murder of one Isabelle Hooks, bj poisoning with arsenic, and on the 30th of April, 1878, was tried and convicted of murder in the first degree; and, on the 2d of May, 1878, was sentenced to be hung — the court fixing Friday, June 1st, 1878, as the day of execution! On the trial, one Dr. G. A. Tompkins was introduced as a witness for the State, who testified that he had been a practicing physician for forty years, and that…
1Opinion of the CourtManning, J.
1. The record in this cause recites that the jury, “ being duly sworn according to law, the issue well and truly to try, and a true deliverance to make, say upon their-oath, that they find,” &c. No objection was taken to the form of the oath when it was administered; and it does not misdescribe the parties between whom the jury were to decide. The swearing of the jury was, of course, done orally *419in the presence of the judge, the prisoner, the prisoner’s counsel, and the audience which, is generally assembled on such occasions. All are witnesses to the sblemnity; and it almost never happens…
2Cases cited9 opinions
- Burns v. StateSupreme Court of Alabama · 1873
- Johnson v. StateSupreme Court of Alabama · 1872
- Crist v. StateSupreme Court of Alabama · 1852
- McGuire v. StateSupreme Court of Alabama · 1861
- Robertson v. StateSupreme Court of Alabama · 1869
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3Cited by18 opinions
- Garner v. StateSupreme Court of Florida · 1891
- Storey v. StateSupreme Court of Alabama · 1882
- Siebert v. PeopleIllinois Supreme Court · 1892
- O'Leary v. Scullin Steel CompanySupreme Court of Missouri · 1924
- State v. BaldwinSupreme Court of Kansas · 1886
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