McSwean v. State
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Henry McSwean was convicted of a capital offense, and he appeals.
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Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Henry McSwean was convicted of a capital offense, and he appeals. The judgment should affirmatively show an order requiring a copy of the indictment against the defendant to. be served upon him one day at least before the day set for his trial. — Sec. 7840, Code 1907; Lomineck v. The State 39 South. 676. This is mandatory. — Spicer’s Case, 69 Ala. 159; Green v. The State, 160 Ala. 1. The judgment should also affirmatively show the presence of defendant when the verdict was' announced. — Hayes v. The State, 107 Ala. 1; Wells v.…
1Opinion of the Court
McCLELLAN, j.
The defendant was convicted of carnally knowing or abusing in the attempt to carnally know a girl under the age of 12 years; and the penalty imposed was 50 years imprisonment.
The judgment entry reads: “This the 30th day of March, 1910, came Claud Riley, special solicitor, who prosecutes for the state of Alabama, and also came the defendant in his own proper person and by attorney, and the said defendant, being duly arraigned upon said indictment, for his plea thereto says not guilty, thereupon came a jury of twelve good and laivful men, to wit, L. M. Bowden, and eleven others,…
2Cases cited11 opinions
- Spicer v. StateSupreme Court of Alabama · 1881
- Wynn v. McCraneySupreme Court of Alabama · 1908
- Park v. LideSupreme Court of Alabama · 1890
- Yonge v. BroxsonSupreme Court of Alabama · 1853
- Morgan v. Flexner & LichtenSupreme Court of Alabama · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Robinson v. StateSupreme Court of Alabama · 1943
- Patterson v. StateSupreme Court of Alabama · 1918
- White v. StateSupreme Court of Alabama · 1923
- De Bardeleben v. StateAlabama Court of Appeals · 1918
- Hall v. First BankSupreme Court of Alabama · 1916
9 more not listed; retrieve them via the Exa API.