Brown v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the Hoü.'Thos. R. Roulhac. The appellant, Bill Brown, was indicted and tried for the murder of one James Foster, was convicted of murder in the first degree, and sentenced tobe hanged.
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Appeal from the Circuit Court of Lauderdale. Tried before the Hoü.'Thos. R. Roulhac. The appellant, Bill Brown, was indicted and tried for the murder of one James Foster, was convicted of murder in the first degree, and sentenced tobe hanged. On the trial the defendant moved the cénit to quash the venire in the case, on the following, among other grounds : First, .that the copy of the indictment furnished the defendant 'by the order of the court was not a copy of the original indictment on file; second, because the names of persons who were not summoned and drawn as jurors for said week…
1Opinion of the CourtBriokell, C.J.
Whether the copy of the indictment served on the defendant corresponded to the original was *74matter for the determination of the judge presiding, and was determinable only by inspection and comparison of the two papers. After inspection and comparison, the judge ruled that there was correspondence. The two papers are not before us, and we cannot say there was error in the ruling. This is equally true of the ruling that the copy of the venire served on the defendant corresponded to the original. All reasonable ¿presumptions, consistent with the record, are necessarily indulged, to support the…
2Cases cited21 opinions
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- Savacool v. BoughtonNew York Supreme Court · 1830
- Hawes v. StateSupreme Court of Alabama · 1889
- DeArman v. StateSupreme Court of Alabama · 1882
- Noles v. StateSupreme Court of Alabama · 1854
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3Cited by74 opinions
- Duncan v. StateSupreme Court of Alabama · 1965
- Ex Parte MurrySupreme Court of Alabama · 1984
- McPherson v. StateSupreme Court of Alabama · 1916
- Spooney v. StateSupreme Court of Alabama · 1928
- Bachelor v. StateSupreme Court of Alabama · 1927
69 more not listed; retrieve them via the Exa API.