Legal Opinion

Tanner v. State

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 61 opinions

Appear from the Circuit Court of Cherokee. Tried before the Hon. John B. Tarry. The appellant, Bill Tanner, was jointly indicted with William and James Smith, for an assault with intent to murder Larkin Reynolds and Bill Johnson. The indictment contained two counts. In the first count, the assault was alleged to have been directed against said Reynolds; and in the second count, the assault was said to have been directed against said Johnson.

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Appear from the Circuit Court of Cherokee. Tried before the Hon. John B. Tarry. The appellant, Bill Tanner, was jointly indicted with William and James Smith, for an assault with intent to murder Larkin Reynolds and Bill Johnson. The indictment contained two counts. In the first count, the assault was alleged to have been directed against said Reynolds; and in the second count, the assault was said to have been directed against said Johnson. When the case was called for trial, the other two defendants not having been arrested at that time, the State asked for a severance as to the defendant…

1Opinion of the CourtStone, C. J.

The number of grand jurors in Cherokee county is limited to fifteen. No greater number can be drawn for any one term. — Acts of 1878-9, p. 204. • Every one of the said number drawn to serve at the December term, 1890, was summoned by the sheriff. When, at the opening of the court for said county, the venire was called, all appeared save two. Their places were supplied in statutory form, and the record shows that the court determined to have a grand jury of fifteen persons, namely: the remaining thirteen embraced, in the venire, and two additional ones, L. D. Griffiths and Henry McElrath. The…

2Cases cited15 opinions

  1. Martin v. StateSupreme Court of Alabama · 1889
  2. Savage v. StateSupreme Court of Florida · 1882
  3. Harrington v. StateSupreme Court of Alabama · 1887
  4. Johnson v. StateSupreme Court of Alabama · 1856
  5. State v. ColemanSupreme Court of Alabama · 1837

10 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. Hornsby v. StateSupreme Court of Alabama · 1891
  2. Morris v. StateSupreme Court of Alabama · 1906
  3. Stokley v. StateSupreme Court of Alabama · 1950
  4. Arthur v. StateCourt of Criminal Appeals of Alabama · 1996
  5. Jacks v. StateCourt of Criminal Appeals of Alabama · 1978

56 more not listed; retrieve them via the Exa API.

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