Nutt v. State
Supreme Court of Alabama
From the Circuit Court of Bandolph. Tried before the Hon. John Henderson. The prisoner in this case was indicted for the murder of Luke Hodnett, by striking him with a gun.
Read the full summary
From the Circuit Court of Bandolph. Tried before the Hon. John Henderson. The prisoner in this case was indicted for the murder of Luke Hodnett, by striking him with a gun. On being arraigned, he pleaded not guilty, and a day was set for his trial; and he being in actual confinement, never having been admitted to bail, the' court entered an order, directing the sheriff to “serve the defendant, in person, with a copy of the indictment, and a list of the jury to try this cause, one entire day before the day set for trial.” Whemthe cause was called for trial, on the day appointed, the defendant…
1Opinion of the CourtStone, J.
In trials for capital offenses, the statute requires that the .defendant, if in actual confinement, shall be served with a copy of the indictment, and of the list of jurors summoned for his trial, at least one entire day before the day appointed for his trial. — Code of 1876, § 4872. The rule of service is different, when he is not in actual confinement. The reason of this statute is, that the accused may be informed of the charge against him, so that he may prepare for his defense. The indictment charges the murder of Luke Hodnett. The paper served as a copy describes the slain as Luke…
2Cases cited5 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Bell & Murray v. StateSupreme Court of Alabama · 1872
- Judge v. StateSupreme Court of Alabama · 1877
- Page v. StateSupreme Court of Alabama · 1878
- Sayres v. StateSupreme Court of Alabama · 1857
3Cited by26 opinions
- Tidwell v. StateSupreme Court of Alabama · 1881
- Lewis v. StateSupreme Court of Alabama · 1892
- Spicer v. StateSupreme Court of Alabama · 1881
- McKee v. StateSupreme Court of Alabama · 1886
- Walker v. StateSupreme Court of Alabama · 1903
21 more not listed; retrieve them via the Exa API.