Legal Opinion

State v. Matthews

Supreme Court of Alabama

Decided June 15, 1839PublishedCited by 7 opinions

Error to Henry Circuit court. Indictment for murder, tried before A. Martin, J. The prisoner was indicted at the Spring .term of the Circuit court of Barbour county, in the present year, for the murder of one William Herring, and on his arraignment, pleaded not guilty; on his application, the venue was changed to Henry county, in the Circuit court of which, a trial was had at the Spring term, eighteen hundred and thirty-nine, which resulted in the conviction and sentence of…

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Error to Henry Circuit court. Indictment for murder, tried before A. Martin, J. The prisoner was indicted at the Spring .term of the Circuit court of Barbour county, in the present year, for the murder of one William Herring, and on his arraignment, pleaded not guilty; on his application, the venue was changed to Henry county, in the Circuit court of which, a trial was had at the Spring term, eighteen hundred and thirty-nine, which resulted in the conviction and sentence of the prisoner. After the jury was sworn and ernpanneled, the solicitor offered to read to the jury, the original bill of…

1Opinion of the Court

GÓLDTHWAITE, J.

Questions very similar to this, have several times been referred to this court for determination, but each one has hitherto been decided on its peculiar features, and no general rule, applicable to all cases, has been laid down.

In the case of the State vs. Collier, (2 Stewart, 388,) the prisoner’s counsel, at the trial, objected to the reading of any of the papers transmitted from Jackson county, (from which the venue was changed.) on the ground, that they were not properly in court. The clerk of the Jackson Circuit court, stated on oath, that three days before the trial…

2Cases cited3 opinions

  1. State v. WilliamsSupreme Court of Alabama · 1831
  2. Collier v. StateSupreme Court of Alabama · 1830
  3. State v. GreenwoodSupreme Court of Alabama · 1837

3Cited by7 opinions

  1. Crawford v. StateSupreme Court of Alabama · 1895
  2. Ex parte WinstonSupreme Court of Alabama · 1875
  3. State v. ClarksonSupreme Court of Alabama · 1842
  4. Ammons v. StateSupreme Court of Florida · 1861
  5. Bradford v. StateSupreme Court of Alabama · 1875

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