Legal Opinion

Cain v. State

Alabama Court of Appeals

Decided November 13, 1917No. 8 Div. 543PublishedCited by 12 opinions

Appeal from Circuit Court, Limestone County; Osceola Kyle, Judge. Will Cain was convicted of murder, and appeals. The facts concerning the venire sufficiently appear.

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Appeal from Circuit Court, Limestone County; Osceola Kyle, Judge. Will Cain was convicted of murder, and appeals. The facts concerning the venire sufficiently appear. The following charges were refused to defendant: (29) Before you can render a verdict in this case against defendant, you must be reasonably satisfied from-the evidence that defendant used unnecessary force in repelling the assault or seeming assault upon his sister Lillie Cain, unless from the evidence you are reasonably satisfied that Lillie Cain provoked or brought on the difficulty between defendant and Lucy Garrett, or was…

1Per curiam

[1] The statute provides: “Whenever any person or persons stand indicted for a capital felony, the court must on the first day of the term, or as soon as practicable thereafter, make an order commanding -the sheriff to summon not less than fifty nor more than one hundred persons including those drawn and summoned on the regular juries for the week set for the trial of the case, and shall then in open court draw from the jury box the number of names required with the regular jurors drawn and summoned for the week set for the trial to make the number named in the order, and shall cause an order…

2Cases cited29 opinions

  1. Hornsby v. StateSupreme Court of Alabama · 1891
  2. Morris v. StateSupreme Court of Alabama · 1906
  3. Jones v. StateSupreme Court of Alabama · 1884
  4. Bluett v. StateSupreme Court of Alabama · 1907
  5. Ex parte DavisSupreme Court of Alabama · 1913

24 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Richardson v. StateSupreme Court of Alabama · 1920
  2. Scott v. StateSupreme Court of Alabama · 1924
  3. Walker v. StateSupreme Court of Alabama · 1930
  4. Hardaman v. StateAlabama Court of Appeals · 1919
  5. Lawson v. StateCourt of Criminal Appeals of Alabama · 1985

7 more not listed; retrieve them via the Exa API.

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