Legal Opinion

Johnson v. State

Supreme Court of Alabama

Decided January 15, 1872PublishedCited by 20 opinions

Appeal from the Gity Court of Montgomery. Tried before Hon. John D. Cunningham. Joe Johnson, the appellant, having been indicted for the murder of Henry Walton, was tried, found guilty of murder in the first degree, and sentenced to be hung. Having-reserved exceptions to various rulings of the court below, he brings the' case to this court by appeal.

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Appeal from the Gity Court of Montgomery. Tried before Hon. John D. Cunningham. Joe Johnson, the appellant, having been indicted for the murder of Henry Walton, was tried, found guilty of murder in the first degree, and sentenced to be hung. Having-reserved exceptions to various rulings of the court below, he brings the' case to this court by appeal. On the trial, after several persons had been selected as jurors, and after both the State and the defendant had each exhausted several peremptory challenges, the sheriff drew from the hat the name of R. A. Brady, who was not on the list of…

1Opinion of the CourtPeok, C. J.

The appellant was indicted at the February term of the city court of Montgomery county, 1871, for the murder of Henry Walton, by shooting him with a gun. At the October term of the same year he was tried and convicted of murder in the first degree, and sentenced to be hung on Friday, the 8th day of March, 1872. From said sentence he has appealed to this court. The ease has been elaborately argued, presenting many questions for consideration. An examination of the record, in connection with the arguments, has convinced us that the conviction and sentence must be reversed.

In disposing of the…

2Cases cited5 opinions

  1. State v. JonesSupreme Court of Alabama · 1843
  2. Williams v. StateSupreme Court of Alabama · 1870
  3. Robertson v. StateSupreme Court of Alabama · 1869
  4. Crim v. StateSupreme Court of Alabama · 1869
  5. Boggs v. StateSupreme Court of Alabama · 1871

3Cited by20 opinions

  1. Lide v. StateSupreme Court of Alabama · 1901
  2. Lewis v. StateSupreme Court of Alabama · 1874
  3. Reynolds v. StateSupreme Court of Alabama · 1881
  4. State v. RobertsNevada Supreme Court · 1905
  5. Mitchell v. StateSupreme Court of Alabama · 1877

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