Weaver v. State
Alabama Court of Appeals
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Griffin Weaver was indicted and convicted of murder in the second degree, and he appeals.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Griffin Weaver was indicted and convicted of murder in the second degree, and he appeals. The jury should have ascertained by their verdict whether it was murder in the first or second degree, and failing therein, such verdict Avill not support a judgment of conviction. — Sec. 7087, Code 1907; Watldns v. The State, 133 Ala. 89; Jackson v. The State, 17 Ala. 618; Cotia v. The State, 16 Ala. 781; Dover v. The State, 75 Ala. 40; Fuller v. The State, 110 Ala. 655; Story v. The State, 71 Ala. 329. The court erred in sentencing for…
1Opinion of the Court
PELHAM, J.-
The defendant being charged with murder in the second degree, his objections to being put upon his trial were properly overruled by the court.
The record shows that the defendant was duly and properly arraigned, and no copy of the indictment, or list of jurors, is required by the law to be served on him an entire day before the day set for his trial. There was no error committed by the court in overruling defendant’s motion to quash the venire for the same reason.
The indictment upon which the defendant was tried charged murder in the second degree in the code form, and the jury…
2Cases cited42 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- Johnson v. StateSupreme Court of Alabama · 1850
- Levison v. StateSupreme Court of Alabama · 1875
- Manly v. StateCourt of Appeals of Maryland · 1854
- Johnson v. StateSupreme Court of Alabama · 1891
37 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Fulghum v. StateSupreme Court of Alabama · 1973
- Lovejoy v. StateAlabama Court of Appeals · 1948
- Barlew v. StateAlabama Court of Appeals · 1912
- Bohannon v. StateCourt of Criminal Appeals of Alabama · 2015
14 more not listed; retrieve them via the Exa API.