Gaines v. State
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. W. H. Thomas. The defendant was indicted for killing Watson Ferguson, but the means is not stated in tbe indictment, nor is it alleged tbat be ivas killed by means unknown to tbe grand jury. The other facts in tbe case sufficiently appear in tbe opinion of the court. Tbe defendant was convicted and sentenced to tbe penitentiary for life.
Read the full summary
Appeal from Montgomery City Court. Heard before Hon. W. H. Thomas. The defendant was indicted for killing Watson Ferguson, but the means is not stated in tbe indictment, nor is it alleged tbat be ivas killed by means unknown to tbe grand jury. The other facts in tbe case sufficiently appear in tbe opinion of the court. Tbe defendant was convicted and sentenced to tbe penitentiary for life. The first point raised goes to tbe sufficiency of tbe indictment, in tbat it fails to aver or allege tbe quo modo of the killing. This was not raised by demurrer to tbe indictment, nor by motion in arrest…
1Opinion of the CourtDowdell, J.
The defendant was tried and convicted on an indictment for murder and was sentenced to imprisonment in the penitentiary for life. Prom the *21judgment of conviction the present appeal is taken. The indictment which charges murder in the first degree omits to aver the means with which the offense was.committed. No objection on this account was raised to the indictment in the court below-by demurrer or otherwise. The objection is for the first time raised here.
It is insisted by the state that as no question of law was reserved, by the defendant on the trial below, it cannot here be raised for the…
2Cases cited14 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Sparrenberger v. StateSupreme Court of Alabama · 1875
- Maxwell v. StateSupreme Court of Alabama · 1889
- Hall v. StateSupreme Court of Alabama · 1901
- Cathcart v. CommonwealthSupreme Court of Pennsylvania · 1861
9 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- Loyd v. StateSupreme Court of Alabama · 1966
- Douglas v. StateAlabama Court of Appeals · 1963
- Thompson v. StateCourt of Criminal Appeals of Alabama · 1988
- Wesson v. StateSupreme Court of Alabama · 1948
40 more not listed; retrieve them via the Exa API.