Noles v. State
Supreme Court of Alabama
Error to the Circuit Coürt oí Dallas. Tried before the Hon. Nat. Cook. Joseph Noles, the plaintiff in error, was indicted in the Circuit Coürt of Dallas, at its spring telm, 1853, for the murder of George Sharp.
Read the full summary
Error to the Circuit Coürt oí Dallas. Tried before the Hon. Nat. Cook. Joseph Noles, the plaintiff in error, was indicted in the Circuit Coürt of Dallas, at its spring telm, 1853, for the murder of George Sharp. The indictment was in the form prescribed by the Code, on page 698. The prisoner demurred to the indictment,- but his demurrer was overruled, and he theh pleaded not guilty, t’he jury returned a verdict, sayingj “ they find the defendant guilty of murder in the first degree^ and sentence him to be hung.” The prisoner moved to set aside this verdict, but his motion was overruled; and…
1Opinion of the CourtChilton, C. J.
The indictment in this case pursues the form prescribed by section 3080 of the Code, and reads as follows :
u The State oe Alabama, Dallas County.
The grand jury of said Dallas County charge, that on the fourteenth day of February, 1853, Joseph Noles, unlawfully, and with malice aforethought, killed George T. Sharp, by shooting him with a gun, against the peace and dignity of the State of Alabama.
(Signed) J. A. Stallworth,
Solicitor for the Second Judicial Circuit of Ala.”
Many objections are made to it, which we shall notice in the order i n which they are presented by the prisoner’s counsel.
1.…
2Cases cited12 opinions
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Carroll v. StateSupreme Court of Alabama · 1853
- Boring v. WilliamsSupreme Court of Alabama · 1850
- Ex parte McCrarySupreme Court of Alabama · 1853
- Nabors v. StateSupreme Court of Alabama · 1844
7 more not listed; retrieve them via the Exa API.
3Cited by96 opinions
- Duncan v. StateSupreme Court of Alabama · 1965
- Stokley v. StateSupreme Court of Alabama · 1950
- Brown v. StateSupreme Court of Alabama · 1895
- Sanders v. StateSupreme Court of Alabama · 1965
- State v. DukeTexas Supreme Court · 1874
91 more not listed; retrieve them via the Exa API.