Spivey v. State
Supreme Court of Alabama
Murder. Appeal from Pike Circuit. Court. Heard before Hon. H. A. Peaece. Robert Spivey and others were convicted of murder, sentenced to the penitentiary for thirty years, and they appeal.
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Murder. Appeal from Pike Circuit. Court. Heard before Hon. H. A. Peaece. Robert Spivey and others were convicted of murder, sentenced to the penitentiary for thirty years, and they appeal. Counsel insist that under sections 16 and 29 of the Jury Law the grand jury returning the indictment were drawn by a person without authority, and that the indictment was subject to the plea in abatement, was subject to motion to quash, and for that matter, the judgment based on such indictment was subject to be arrested on motion made to that end. Counsel also discussed the evidence and the courts action…
1Opinion of the Court
MAYFIELD:, J.
Appellants were indicted and convicted for the murder of Lee Stephens, by shooting him *393with a pistol, and sentenced to the penitentiary for a term of 30 years, from which judgment they prosecute this appeal.
To the indictment the defendants pleaded, in abatement, that the grand jury which found and returned the indictment was not drawn by the officer designated by law for that purpose, but was drawn by the judge of another court of Pike county, and prior to the 20 days before the beginning of the term of the circuit court which found the indictment, and that the grand jury should…
2Cases cited15 opinions
- Johnson v. StateSupreme Court of Alabama · 1893
- O'Byrnes v. StateSupreme Court of Alabama · 1874
- Billingslea v. StateSupreme Court of Alabama · 1881
- State v. BrooksSupreme Court of Alabama · 1846
- Linehan v. StateSupreme Court of Alabama · 1896
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Doss v. StateSupreme Court of Alabama · 1929
- Leith v. StateSupreme Court of Alabama · 1921
- Hammond v. StateCourt of Criminal Appeals of Alabama · 1977
- Baader v. StateSupreme Court of Alabama · 1917
- Vernon v. StateSupreme Court of Alabama · 1941
14 more not listed; retrieve them via the Exa API.