Legal Opinion

Daughdrill v. State

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 50 opinions

Indictment for Murder. Appeal from the Circuit Court of Etowah. The appellant was indicted and tried for the murder of one Joseph Bates, was convicted of murder in the first degree, and sentenced to be hanged.

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Indictment for Murder. Appeal from the Circuit Court of Etowah. The appellant was indicted and tried for the murder of one Joseph Bates, was convicted of murder in the first degree, and sentenced to be hanged. During the term time of the circuit court of Etowah, to-wit, on May 11, 1896, the judge of the ninth judicial circuit, who was presiding at said court, made the following order ; “In the opinion of the presiding judge a grand jury should be impannelled at this term of the circuit court of said county, and no grand jury having been returned to serve at said term, it is ordered by the…

1Opinion of the CourtMcCLELLAN, J.

Section 4316 of the Code provides that, if in consequence of any neglect on the part of the probate judge, sheriff, or clerk of the circuit court, or from any other cause, no grand or petit jury is returned to serve at any term of the court, the court may, by an order entered on the minutes, direct the sheriff forthwith to summon eighteen persons qualified to serve as grand jurors, and the requisite number to serve as petit jurors, and may supply the places of persons so summoned and failing to attend, &c.

By an act "to authorize the judge of the ninth judicial circuit to direct when a grand…

2Cases cited13 opinions

  1. Mitchell v. StateSupreme Court of Alabama · 1877
  2. Hawes v. StateSupreme Court of Alabama · 1889
  3. McAllister v. StateSupreme Court of Alabama · 1850
  4. Bales v. StateSupreme Court of Alabama · 1879
  5. Cleveland v. StateSupreme Court of Alabama · 1888

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

3Cited by50 opinions

  1. Stokley v. StateSupreme Court of Alabama · 1950
  2. People v. . KaneNew York Court of Appeals · 1915
  3. Caldwell v. StateSupreme Court of Alabama · 1919
  4. Davis v. StateSupreme Court of Alabama · 1914
  5. Cook v. StateSupreme Court of Florida · 1903

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

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