Smith v. State
Supreme Court of Alabama
Manslaughter. Appeal from Clay County Court. Heard before Hon. W. W. Pearson. Joe Smith was convicted of manslaughter, and he appeals. The defendant was indicted for killing Goodman Lumpkin.
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Manslaughter. Appeal from Clay County Court. Heard before Hon. W. W. Pearson. Joe Smith was convicted of manslaughter, and he appeals. The defendant was indicted for killing Goodman Lumpkin. The evidence for the state tended to show that the parties left Lineville, going in the same direction with the defendant ahead, riding a mule, and the deceased and his son behind, in a buggy, and that when they reached a certain cross-roads a conversation occurred between Smith and the deceased, following which Smith got down off his mule and commenced shooting with a gun, when the son ran back to the…
1Opinion of the CourtMoCLELLAN, J.
— Conviction of manslaughter in the first degree. The motion to quash the indictment was grounded on the idea that the purported indictment, and which ivas indorsed “a true bill,” was not “signed by the foreman” of the grand jury in accordance with Code 1896, § 5039. The movant offered the paper in evidence, as also the grand jury venire for the term in question and the minutes of the court showing the organization of the grand jury. J. W. Brooks was designated as the foreman. As set out in the bill of exceptions, the name signed as foreman is L. W. Brooke. The state, in its turn, presented…
2Cases cited3 opinions
- Davis v. StateSupreme Court of Alabama · 1901
- Bell v. StateSupreme Court of Alabama · 1896
- Carroll v. StateSupreme Court of Alabama · 1900
3Cited by8 opinions
- Richardson v. StateAlabama Court of Appeals · 1947
- Ragsdale v. StateAlabama Court of Appeals · 1914
- Pointer v. StateAlabama Court of Appeals · 1954
- Knight v. StateAlabama Court of Appeals · 1930
- Hale v. StateCourt of Criminal Appeals of Alabama · 1978
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