Gaston v. State
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hon. I). W. Speake. Will Gaston was convicted of murder in the second degree, and he appeals. The indictment charges the killing of Matthew Graves by shooting him with a gun.
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Appeal from Morgan Circuit Court. Heard before Hon. I). W. Speake. Will Gaston was convicted of murder in the second degree, and he appeals. The indictment charges the killing of Matthew Graves by shooting him with a gun. The pleas in abatement offered to the indictment were that the grand jury which found said indictment were drawn from the jury box by the judge of the circuit court, and that they were not drawn in the manner authorized by law, in this: That said D. W. Speake, said judge, unlocked and opened said jury box and drew therefrom a large number of names, which he laid aside, and…
1Opinion of the CourtMcCLELLAN, J.
The conviction was of murder in the second degree. The objections, set up by way of abatement, to the indictment, because of alleged irregularities in constituting the grand jury returning the bill against this defendant, were not available, as is expressly provided in Code 1907, § 7572. ' These pleas were properly stricken. The only other matters of asserted error are special charges refused to defendant.
Charge 11 should have been given, and in my opinion its refusal was error. It is a copy of charge 6 approved *44in Harris’ Case, 96 Ala. 24, 11 South. 255. There is in this case an entire…
2Cases cited6 opinions
- Harris v. StateSupreme Court of Alabama · 1892
- Kennedy v. StateSupreme Court of Alabama · 1903
- Carwile v. StateSupreme Court of Alabama · 1905
- Adams v. StateSupreme Court of Alabama · 1901
- Watkins v. StateSupreme Court of Alabama · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Shikles v. StateAlabama Court of Appeals · 1944
- Forman v. StateSupreme Court of Alabama · 1914
- Brown v. StateAlabama Court of Appeals · 1946
- Chaney v. StateSupreme Court of Alabama · 1912
- Fealy v. City of BirminghamAlabama Court of Appeals · 1916
26 more not listed; retrieve them via the Exa API.