Legal Opinion

McMillan v. State

Alabama Court of Appeals

Decided May 29, 1917No. 2 Div. 154PublishedCited by 4 opinions

Appeal from Circuit Court, Sumter County; A. S. Vandegraaf, Judge. Simon McMillan was convicted of murder in the second degree, and lie appeals.

1Opinion of the CourtSamford, J.

[1] The defendant made a motion to quash the venire because a copy of the indictment had not been served on him as provided by law and because a list of all the jurors summoned for the week and those drawn as special jurors, with a copy of the indictment, were not forthwith served on defendant as provided by law; and upon the overruling of this motion the defendant objected t.o being put upon trial, assigning the same grounds as are set out in the motion. The record nowhere discloses that any evidence was offered in support of either motion or objection. Where such is the fact, this court…

2Cases cited5 opinions

  1. Cross v. StateSupreme Court of Alabama · 1906
  2. Maxwell v. StateSupreme Court of Alabama · 1900
  3. Reynolds v. StateAlabama Court of Appeals · 1911
  4. Sykes v. StateSupreme Court of Alabama · 1907
  5. Lang v. StateSupreme Court of Alabama · 1910

3Cited by4 opinions

  1. Russell v. StateAlabama Court of Appeals · 1931
  2. Kreutner v. StateAlabama Court of Appeals · 1918
  3. McMillan v. StateSupreme Court of Alabama · 1917
  4. Russell v. StateAlabama Court of Appeals · 1931

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