Burton v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. George E. Brewer. The appellant, Joe Burton, was indicted and tried for the murder of Jethro Evans, was convicted of manslaughter in the first degree, and sentenced to the penitentiary for five years.
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Appeal from the Circuit Court of Calhoun. Tried before the Hon. George E. Brewer. The appellant, Joe Burton, was indicted and tried for the murder of Jethro Evans, was convicted of manslaughter in the first degree, and sentenced to the penitentiary for five years. The killing occurred in Cleburne county, and the indictment was preferred by the grand jury of said county ; but upon application of the defendant there was a change of venue, and the defendant was tried in the circuit court of Calhoun county. The facts pertaining to the killing are substantially the same as disclosed on the former…
1Opinion of the CourtBbickell, C. J.
1. The indictment is in the form prescribed by the Code, and avers all the elements and constituents of murder in the first degree, which may be punished capitally — by death, or by imprisonment in the penitentiary for life. The defendant having pleaded not guilty, the primary duty of the court, a duty to be performed in the personal presence of the defendant, was the sétting a day for the trial of the *8cause ; and the day having been set, at least ' one entire day prior thereto, the drawing of special jurors, not less than twenty-five nor more than fifty, as the court deemed necessary, to be…
2Cases cited15 opinions
- Campbell v. StateSupreme Court of Alabama · 1853
- Jordan v. StateSupreme Court of Alabama · 1886
- Burton v. StateSupreme Court of Alabama · 1894
- Eiland v. StateSupreme Court of Alabama · 1875
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
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3Cited by68 opinions
- Roan v. StateSupreme Court of Alabama · 1932
- Jones v. StateSupreme Court of Alabama · 1913
- Hughes v. StateTennessee Supreme Court · 1912
- Rumely v. United StatesCourt of Appeals for the Second Circuit · 1923
- Maddox v. StateSupreme Court of Alabama · 1909
63 more not listed; retrieve them via the Exa API.