Aikin v. State
Supreme Court of Alabama
From the Circuit Court of Autauga. Tried before the Hon. Porter Kins. The prisoner in this case, James Aikin, was indicted in the circuit court of Lowndes county, at its fall term, 1858, for the murder of one Michael Ilibbots.
Read the full summary
From the Circuit Court of Autauga. Tried before the Hon. Porter Kins. The prisoner in this case, James Aikin, was indicted in the circuit court of Lowndes county, at its fall term, 1858, for the murder of one Michael Ilibbots. The indictment was in the form prescribed by the Code, and contained two counts ; the first chargingthat the prisoner “unlawfully, and with malice aforethought, killed Michael Hibbets, by striking him with a stick;” and the second, that the prisoner “ unlawfully, and with malice aforethought, killed Michael Hibbets, by cutting him with a knife.” The venue was changed,…
1Opinion of the Court
R. W. WALKER, <7.
1. In refusing to change the venue from Autauga county, the court simply followed the express direction of the Code, which provides that “the trial can be removed but once.” — Code, § 3610.
2. The prisoner moved to quash the venire on two grounds: first,that it “ did not set out the Christian names in full, but only the initials, of twenty-three of said venire and second, because the venire “ did not state that they were summoned to try his case, but that they were summoned for Aildn.”
In reference to the first objection, it is plain,.we think, that no greater certainty should…
2Cases cited4 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Morris v. StateSupreme Court of Alabama · 1854
- Bill v. StateSupreme Court of Alabama · 1856
- Garrett v. HollowaySupreme Court of Alabama · 1854
3Cited by24 opinions
- Duncan v. StateSupreme Court of Alabama · 1965
- Levison v. StateSupreme Court of Alabama · 1875
- Smith v. StateSupreme Court of Alabama · 1916
- Sanders v. StateSupreme Court of Alabama · 1965
- Boulden v. StateSupreme Court of Alabama · 1965
19 more not listed; retrieve them via the Exa API.