Smith v. State
Supreme Court of Alabama
Appeal from Criminal Court of Jefferson. Tried before the Hon. D. A. Greene. The appellant, Taylor Smith, was indicted for the murder of artin J. Conniff, was tried and convicted of murder in the second degree and his punishment fixed at thirty years imprisonment in the penitentiary. The indictment was in the following form: “The State of Alabama, Jefferson County. The Criminal Court of Jefferson County.
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Appeal from Criminal Court of Jefferson. Tried before the Hon. D. A. Greene. The appellant, Taylor Smith, was indicted for the murder of artin J. Conniff, was tried and convicted of murder in the second degree and his punishment fixed at thirty years imprisonment in the penitentiary. The indictment was in the following form: “The State of Alabama, Jefferson County. The Criminal Court of Jefferson County. The grand jury of said county charge that before the finding of this indictment Taylor Smith, unlawfully and with malice aforethought killed Martin J. Conniff, by hitting him or by strildng…
1Opinion of the Court
DENSON, J.-
The indictment in this case was for murder in the first degree, and was returned into the court on the 23rd of January, 1904. On the 20th of February, 1904 the defendant was duly and legally arraigned upon the indictment and pleaded not guilty, and the 7th day of March, 1904, was set as the day for the trial, and on that day, the defendant presented for the first time, a motion in writing to quash the indictment. This motion was overruled.
The defendant then filed a plea in abatement to the indictment. The averments in the plea, upon which the quashing of the indictment was prayed…
2Cases cited32 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Miller v. StateSupreme Court of Alabama · 1894
- Johnson v. StateSupreme Court of Alabama · 1893
- Davis v. StateSupreme Court of Alabama · 1901
- Hubbard v. StateSupreme Court of Alabama · 1882
27 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Jones v. StateSupreme Court of Alabama · 1913
- Whitehead v. StateSupreme Court of Alabama · 1921
- Higginbotham v. StateSupreme Court of Alabama · 1955
- Holloway v. StateAlabama Court of Appeals · 1952
- Vaughn v. StateSupreme Court of Alabama · 1938
49 more not listed; retrieve them via the Exa API.