Legal Opinion

Thayer v. State

Supreme Court of Alabama

Decided November 15, 1902PublishedCited by 14 opinions

Appeal from tlie Criminal Court of Jefferson. Tried before the 1-Ion. Samuel E. Greene. The appellant in this, case, Leonard Thayer, was indicted for murder of Mike Sullivan, was convicted of murder in the second degree and sentenced to 12 years imprisonment in the penitentiary.

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Appeal from tlie Criminal Court of Jefferson. Tried before the 1-Ion. Samuel E. Greene. The appellant in this, case, Leonard Thayer, was indicted for murder of Mike Sullivan, was convicted of murder in the second degree and sentenced to 12 years imprisonment in the penitentiary. On September 5, 1902, the defendant was arraigned, and September 17, 1902, was set for his trial, Subsequently several other days were set for trial of the defendant, and the trial of the case was finally entered upon on. December 2, 1902. The defendant moved to quash the indictment, -upon the following grounds:…

1Opinion of the CourtHaralson, J.

-On the 5th day of September, 1902, the defendant being) arraigned in open court, pleaded not guilty to the indictment, and a day was set for his trial. The cause appears to have been passed from time to time, until the 2nd day of December, 1902. On the latter elate, the defendant moved to quash the indictment, on grounds set out in his motion therefor, which motion, after hearing and due consideration was properly overruled. Thereupon, the defendant pleaded in abatement to the indictment, upon the same grounds that he had moved to quash it.

By act of the legislature (Acts, 1900-1901, p. 308),…

2Cases cited5 opinions

  1. Griffith v. StateSupreme Court of Alabama · 1891
  2. Lewis v. StateSupreme Court of Alabama · 1892
  3. Murphy v. StateSupreme Court of Alabama · 1861
  4. Harrison v. StateSupreme Court of Alabama · 1885
  5. Sivoly v. ScottSupreme Court of Alabama · 1876

3Cited by14 opinions

  1. Smith v. StateSupreme Court of Alabama · 1904
  2. Nordan v. StateSupreme Court of Alabama · 1904
  3. Russell v. StateSupreme Court of Alabama · 1918
  4. State v. BartonSupreme Court of Missouri · 1951
  5. Terry v. StateAlabama Court of Appeals · 1915

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