Ford v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Coffee. Tried before ¡the Hon. A. H. Alston. Tbe appellant was tried under an indictment which charged that .lie “unlawfully and with malice aforethought killed Ad Smith, alias Age Smith, by shooting him with a pistol,” etc., was convicted of murder in the second degree and sentenced to the penitentiary for forty years.
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Appeal from the Circuit Court of Coffee. Tried before ¡the Hon. A. H. Alston. Tbe appellant was tried under an indictment which charged that .lie “unlawfully and with malice aforethought killed Ad Smith, alias Age Smith, by shooting him with a pistol,” etc., was convicted of murder in the second degree and sentenced to the penitentiary for forty years. The order of arraignment, after reciting that the court fixed a specified day for the. trial of the defendant and in the presence of the defendant, drew, in accordance with law, thirty" names of persons as special jurors and issued an order to…
1Opinion of the CourtTyson, J.
The order appearing in the record directing the sheriff to serve the defendant with a copy ■of the indictment and a copy of the list of the names of persons constituting the jurors for trial of the defendant, etc., is sufficient. — Code, § 5273, and authorities •cited under it.
*22The point was raised by charges requested by defendant, that there was a fatal variance between the.averment of the indictment and the proof as to the name-of the deceased. The name of the. deceased was averred to be Ad Smith alias Age Smith. The proof showed his name was Adger Smith but that he was generally called and…
2Cases cited4 opinions
- Ward v. StateSupreme Court of Alabama · 1856
- Edmundson v. StateSupreme Court of Alabama · 1850
- Rooks v. StateSupreme Court of Alabama · 1887
- Gresham v. WalkerSupreme Court of Alabama · 1846
3Cited by4 opinions
- People v. AndersonCalifornia Court of Appeal · 1922
- Sanders v. StateSupreme Court of Alabama · 1901
- Armstrong v. StateSupreme Court of Arkansas · 1912
- Coplon v. StateAlabama Court of Appeals · 1917