Lowery v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before the Hou. John B. Tally. The ap[jellant was tried under the following indietment: “The grand jury for the western division of said county charges that before the finding of this indictment, John II. Lowery unlawfully and with malice aforethought killed William Justice by shooting him with a gun or pistol.”
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Appeal from the Circuit Court of Blount. Tried before the Hou. John B. Tally. The ap[jellant was tried under the following indietment: “The grand jury for the western division of said county charges that before the finding of this indictment, John II. Lowery unlawfully and with malice aforethought killed William Justice by shooting him with a gun or pistol.” This indictment was preferred by the grand jury organized for the circuit court of the western division of Blount county, authorized by an act of the General Assembly, approved February 13, 1891. — Acts of 1890-91, page 592. Upon the…
1Opinion of the CourtHead, J.
The appellant was indicted and tried for the offense of murder, and convicted of manslaughter in the second degree, and fined $50, and sentenced to im*52prisonment in the county jail for one month. The indictment and trial were in that division of the circuit court of Blount county created and defined by the act of the General Assembly, entitled, “An act to establish an additional circuit court in the county of Blount, and to provide a place for holding the same.” — Acts 1890-91, p. 592. It is insisted this act is unconstitutional, and the argument made in the brief is, that the legislature has…
2Cited by7 opinions
- Ex Parte Central of Georgia Ry. Co.Supreme Court of Alabama · 1942
- Lambert v. StateCourt of Criminal Appeals of Alabama · 1972
- Shell v. StateAlabama Court of Appeals · 1911
- Pitts v. CulpepperSupreme Court of Alabama · 1934
- Speer v. StateAlabama Court of Appeals · 1937
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