Gordon v. State
Supreme Court of Alabama
Appeal from Macon Circuit Court. Heard before Hon. H. P. Merritt, Special Judge. The indictment in this case charges defendant with killing Frank Fort by striking him with an instrument to the grand jury unknown, and the second count charges the killing by means unknown to- the grand jury. The indictment was preferred by Hon. 8. L. Brewer, who was solicitor of the circuit, and the cause was called for trial after his election as judge of the circuit, and II.
Read the full summary
Appeal from Macon Circuit Court. Heard before Hon. H. P. Merritt, Special Judge. The indictment in this case charges defendant with killing Frank Fort by striking him with an instrument to the grand jury unknown, and the second count charges the killing by means unknown to- the grand jury. The indictment was preferred by Hon. 8. L. Brewer, who was solicitor of the circuit, and the cause was called for trial after his election as judge of the circuit, and II. P. Merritt was agreed upon as special judge to try the cause. The facts necessary to an understanding of the opinion sufficiently appear…
1Opinion of the CourtSimp Bon, J.
-The defendant in this case was convicted of the crime of murder in the first degree and the punishment fixed at death.
The first insistence of the defendant is that the court erred in striking from the files, on motion of the solicitor, the defendant’s plea of “not guilty, by reason of insanity.” It appears that w-hen the defendant Avas arraigned he had no attorney, and the court appointed two members of the bar to- defend him, and the plea of “not guilty’ aaus interposed . Wlum the day for trial arrived, after the jury had been empaneled, the indictment read, and the defendant pleaded, “as…
2Cases cited14 opinions
- Rogers v. StateSupreme Court of Alabama · 1897
- Griffith v. StateSupreme Court of Alabama · 1891
- Amos v. StateSupreme Court of Alabama · 1898
- Thornton v. StateSupreme Court of Alabama · 1896
- Hunt v. StateSupreme Court of Alabama · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Davis v. StateAlabama Court of Appeals · 1913
- McCoy v. StateSupreme Court of Alabama · 1911
- Paul v. StateCourt of Criminal Appeals of Alabama · 1972
- State v. BlairSupreme Court of Iowa · 1929
- Strickland v. StateSupreme Court of Alabama · 1907
3 more not listed; retrieve them via the Exa API.