Legal Opinion

Newell v. State

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 13 opinions

Appeal from the City Court of Selma. Tried before the Hon. J. W. Mabry. The appellant was indicted and tried for murder, -was convicted of murder in the first degree, and sentenced to be hanged. The indictment was as follows : “The grand jury of said county charge that before the finding of this indictment, Pig Newell, alias Mills Newell, alias Mills Johnson, did unlawfully, and with malice aforethought, kill Wright Crawford, by shooting him with a gun.

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Appeal from the City Court of Selma. Tried before the Hon. J. W. Mabry. The appellant was indicted and tried for murder, -was convicted of murder in the first degree, and sentenced to be hanged. The indictment was as follows : “The grand jury of said county charge that before the finding of this indictment, Pig Newell, alias Mills Newell, alias Mills Johnson, did unlawfully, and with malice aforethought, kill Wright Crawford, by shooting him with a gun. “The grand jury of said county further charge that before the finding of this indictment, Pig Newell, alias Mills Newell, alias Mills…

1Opinion of the CourtColeman, J.

The defendant was indicted, tried and convicted of murder in the first degree, and sentenced to suffer the penalty of death. By motion and plea, the defendant attempted to raise the question of the legality of the organization of the grand jury which preferred the indictment, and of the special venire, summoned to try him. The court sustained a demurrer to to the motion, and also to the plea. The motion reads as follows : “And here comes the said Pig Newell, by attorney, and moves to quash the indictment, because the act approved February 25, 1887, (under which the grand jury who found this…

2Cases cited3 opinions

  1. Burton v. StateSupreme Court of Alabama · 1894
  2. Shepperd v. StateSupreme Court of Alabama · 1891
  3. Tempe v. StateSupreme Court of Alabama · 1867

3Cited by13 opinions

  1. Dolvin v. StateSupreme Court of Alabama · 1980
  2. McDowell v. StateSupreme Court of Alabama · 1939
  3. Robinson v. StateSupreme Court of Alabama · 1943
  4. State v. WestonOregon Supreme Court · 1921
  5. Morris v. StateAlabama Court of Appeals · 1933

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