McKee v. State
Supreme Court of Alabama
From the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. The defendant in this case, Pleas. McKee, was indicted for the murder of Charles Poole, by striking him with a stick; pleaded not guilty, was convicted of murder in the second degree, and sentenced to the penitentiary for the term of ten years. The trial was had at an adjourned term of the court, regularly called and held.
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From the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. The defendant in this case, Pleas. McKee, was indicted for the murder of Charles Poole, by striking him with a stick; pleaded not guilty, was convicted of murder in the second degree, and sentenced to the penitentiary for the term of ten years. The trial was had at an adjourned term of the court, regularly called and held. Before entering on the trial, the defendant moved to quash the special venire, on three grounds: 1st, that the name of A. W. Carter appeared on the original venire, while the name B. W. Carter was on…
1Opinion of the CourtStone, C. J.
— 1. Before entering upon the trial in this case, it was objected by the defendant, that the record failed to show that the indictment had been returned to the court by, and in the presence of the grand jury. — Code of 1876, § 4821. On this account it was contended in the court below, and the contention is renewed here, that what is claimed as an indictment, is wanting in evidence to prove its authenticity as a record. There is indorsed'upon it,’“ a true bill, Benjamin Newton, foreman of grand jury and the record shows that Benjamin Newton was the duly appointed foreman of the grand jury, by…
2Cases cited23 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- DeArman v. StateSupreme Court of Alabama · 1882
- Eiland v. StateSupreme Court of Alabama · 1875
- Tesney v. StateSupreme Court of Alabama · 1884
- Hubbard v. StateSupreme Court of Alabama · 1882
18 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Roan v. StateSupreme Court of Alabama · 1932
- Thigpen v. StateCourt of Criminal Appeals of Alabama · 1972
- Childress v. StateSupreme Court of Alabama · 1888
- Bell v. StateSupreme Court of Alabama · 1896
- Lovejoy v. StateAlabama Court of Appeals · 1948
39 more not listed; retrieve them via the Exa API.