McLeroy v. State
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. The appellant, Andy McLeroy, was jointly indicted with Columbus alias Lum Evans, for the murder of Parker Rowe, and upon a severance being granted, the appellant was tried separately; was convicted of murder in the second degree, and sentenced to the penitentiary for ten years.
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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. The appellant, Andy McLeroy, was jointly indicted with Columbus alias Lum Evans, for the murder of Parker Rowe, and upon a severance being granted, the appellant was tried separately; was convicted of murder in the second degree, and sentenced to the penitentiary for ten years. The defendant filed a plea in abatement to the indictment, in which he alleged that the indictment should be abated on the following grounds : ' 1. The list of the grand jurors is not shown to have been drawn by the county commissioners…
1Opinion of the CourtHaralson, J.
1. There was no error in sustaining the demurrer to the plea in abatement to the indictment. Linnehan v. The State, 116 Ala. 471.
2. The State introduced one W. M. Wallace, who testified that he saw Evans on Monday morning after Rowe was killed, and that he told witness that he killed Rowe because he accused him of stealing his money, and because Rowe cut him. This conversation the State introduced without objection by defendant, and as a part of this conversation which the State was drawing out, Evans told witness, — explaining when he cut Rowe, — that after Rowe cut him and accused him of…
2Cases cited8 opinions
- Williams v. StateSupreme Court of Alabama · 1886
- Pierson v. StateSupreme Court of Alabama · 1892
- Evans v. StateSupreme Court of Alabama · 1895
- Chatham v. StateSupreme Court of Alabama · 1890
- Linnehan v. StateSupreme Court of Alabama · 1897
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3Cited by15 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- United States v. CrimminsCourt of Appeals for the Second Circuit · 1941
- Daniels v. StateSupreme Court of Alabama · 1943
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Mitchell v. StateSupreme Court of Alabama · 1900
10 more not listed; retrieve them via the Exa API.