Johnson v. State
Supreme Court of Alabama
From the Circuit Court of Cherokee. Tried before the Hon. John B. Tally. The defendant in this case was indicted for the murder of his wife,by shooting her with a pistol, but on the trial, after all the evidence was closed, the prosecution announced that the State would not ask a conviction for a higher offense than manslaughter in the second degree; and the defendant being convicted of that offense, he was sentenced to hard labor for the county for three months, and an…
Read the full summary
From the Circuit Court of Cherokee. Tried before the Hon. John B. Tally. The defendant in this case was indicted for the murder of his wife,by shooting her with a pistol, but on the trial, after all the evidence was closed, the prosecution announced that the State would not ask a conviction for a higher offense than manslaughter in the second degree; and the defendant being convicted of that offense, he was sentenced to hard labor for the county for three months, and an additional term of fifteen months for the costs. The trial was held during the third week of the July term of the court,…
1Opinion of the CourtColeman, J.
— It is argued that the court at which the defendant was tried, was held at a time not authorized by law. The court began on the 2d Monday of July, 1891. The act fixing the time when the courts composing the 9th Judicial Circuit should be held declares as follows : (1.) In the county of Cherokee, on the second Monday in January and July, and at each term may continue three weeks. After fixing the time for each county, the act provides, “that this act shall not take effect untj.1 after the Spring terms of said courts are held for the year 1891.” — Approved Feb. 14th, 1891. When this act was…
2Cases cited5 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Bradley v. StateSupreme Court of Alabama · 1881
- Shelton v. StateSupreme Court of Alabama · 1882
- Floyd v. StateSupreme Court of Alabama · 1876
- Morgan v. StateSupreme Court of Alabama · 1872
3Cited by56 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Johnson v. StateSupreme Court of Alabama · 1893
- Braham v. StateSupreme Court of Alabama · 1904
- Arp v. StateSupreme Court of Alabama · 1892
- Davis v. StateSupreme Court of Alabama · 1923
51 more not listed; retrieve them via the Exa API.