Dix v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard before Hon. D. A. Greene. Tbe defendant was indicted, tried and convicted for killing Bert Pesnell by cutting bim or stabbing him with a knife.
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Appeal from Jefferson Criminal Court. Heard before Hon. D. A. Greene. Tbe defendant was indicted, tried and convicted for killing Bert Pesnell by cutting bim or stabbing him with a knife. The facts in reference to the motions and. demurrers sufficiently appear in the opinion, except as to the seventh, eighth, ninth, tenth, eleventh, and twelfth ground for the motion and arrest of judgment, whh-h were as follows: “ (7) That the jury trying the defendant was not selected from the lawful venire. (8) That the jury that tried this case was not selected from the list served on defendant as a list…
1Opinion of the CourtDenson, J.
The indictment was found during the September term, 1905, of the criminal court of Jefferson county, and was presented in open court on the 7th day of November, 1905. On the day the indictment was presented, the defendant being in open court, the court proceeded to arraign the defendant, when he objected to being arraigned because he had had no previous notice that the indictment had been returned into court ,and because no copy of the indictment had been served on him. Be also moved to quash the indictment for the same reasons. The law neither requires that the defendant in a criminal case…
2Cases cited16 opinions
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3Cited by10 opinions
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