Gregory v. State
Supreme Court of Alabama
Murder. Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speaks. Millard M. Gregory was convicted of murder in the second degree, and appeals. The defendant was indicted for killing Bill Mann by shooting him with a pistol, convicted of murder in the second degree, and his punishment fixed at 12 years in the penitentiary.
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Murder. Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speaks. Millard M. Gregory was convicted of murder in the second degree, and appeals. The defendant was indicted for killing Bill Mann by shooting him with a pistol, convicted of murder in the second degree, and his punishment fixed at 12 years in the penitentiary. In response to the indictment, on the second trial, he interposed the following plea: “And now comes the defendant, and pleads, and says that he ought not to be put to answer the indictment herein on the charge of murder in the first degree, he having been…
1Opinion of the CourtAnderson, J.
— The plea of former conviction does not aver that the first conviction was by a court of competent jurisdiction. It avers that the conviction was .at a time fixed by the “Luslc Bill,” which has heretofore been condemned by this court, and at a time not *572provided by law for holding the circuit court for Cull-man county. Nor does it aver that, the defendant was tried at an adjourned or special term of the court. The demurrer to the plea was properly sustained.
The court did not err in putting the juror Styles on the defendant. The fact that he would not convict on circumstantial evidence was a…
2Cases cited12 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Roosa v. Boston Loan Co.Massachusetts Supreme Judicial Court · 1882
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Gregory v. StateSupreme Court of Alabama · 1903
- Ex parte BrownSupreme Court of Alabama · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United Order of Golden Cross v. HooserSupreme Court of Alabama · 1909
- Montgomery v. StateAlabama Court of Appeals · 1911
- Cole v. StateAlabama Court of Appeals · 1917
- Newberry v. AtkinsonSupreme Court of Alabama · 1913
- Naugher v. StateAlabama Court of Appeals · 1912
5 more not listed; retrieve them via the Exa API.