Legal Opinion

Cochran v. State

Supreme Court of Alabama

Decided November 15, 1889PublishedCited by 6 opinions

From the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. Indictment for petit larceny; motion to quash, and plea in abatement, on account of defects in grand jury; replication, and demurrer. The opinion states the facts. cited State v. Parks, 21 La.

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From the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. Indictment for petit larceny; motion to quash, and plea in abatement, on account of defects in grand jury; replication, and demurrer. The opinion states the facts. cited State v. Parks, 21 La. Ann. 251; Barney v. State, 12 Sm. & Mar. 68; State v. Tilly, 8 Baxter, Tenn. 381; State v. Jacobs, 6 Texas, 99; U. S. v. Hammond, 2 Woods, 197; People v. Wintermuie, 1 Dak. 63;49 Maine, 573; 3 Nev. 70; Stale v. Williams, 5 Porter, ISO) Edmonds v. State, 34 Ark. 720; Battle v. State, 54 Ala. 93; Cross v. State, 63 Ala. 40; Empson…

1Opinion of the CourtMoCLELLAN, J.

The defendant below moved to quash the indictment preferred against him, and also pleaded in abatement to it, on the grounds, “ that one A. C. Milford acted as a grand juror at the time the said indictment was found, and participated in the proceedings of said grand jury in finding said indictment, and that said A. C. Milford was not selected or drawn as a grand juror by the officers whose duty it was to select grand jurors for said term of the court, nor was. A. C. Milford placed or drawn on said grand jury to supply a deficiency in the number of said grand jury, or in any other manner…

2Cases cited5 opinions

  1. Sylvester v. StateSupreme Court of Alabama · 1882
  2. Nixon v. StateSupreme Court of Alabama · 1881
  3. State v. CloughSupreme Judicial Court of Maine · 1861
  4. State v. McNamaraNevada Supreme Court · 1867
  5. United States v. HammondU.S. Circuit Court for the District of Louisiana · 1875

3Cited by6 opinions

  1. Doss v. StateAlabama Court of Appeals · 1929
  2. Smith v. StateAlabama Court of Appeals · 1948
  3. Spivey v. StateSupreme Court of Alabama · 1911
  4. Sampson v. StateSupreme Court of Alabama · 1894
  5. Tucker v. StateSupreme Court of Alabama · 1907

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