Arp v. State
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Tried before Hon. John B. Tally. Sherman Arp was jointly indicted with Alex. Burkalter and Green Leath for the murder of George Pogue. There being a severance, Sherman Arp was tried alone and convictecl and sentenced to be hanged. He requested two charges to the jury, which were refused.
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Appeal from Cherokee Circuit Court. Tried before Hon. John B. Tally. Sherman Arp was jointly indicted with Alex. Burkalter and Green Leath for the murder of George Pogue. There being a severance, Sherman Arp was tried alone and convictecl and sentenced to be hanged. He requested two charges to the jury, which were refused. The first is set forth in the opinion; the second is as follows: (2) “If the jury do not believe from the evidence, beyond all reasonable , doubt, that the defendant killed deceased from a present 1 impending necessity, or from belief of a present impending ^necessity, then…
1Opinion of the CourtColeman, J.
— At the July Term, 1892, of the Circuit Court, the defendant was convicted of murder in the first degree, and sentenced to suffer death.
The defendant moved to quash the venire summoned: 1st. Because some of the jurors summoned on the special venire had served as regular jurors during the preceding-week. 2d. Because ¥m. Jackson, who.was summoned as a regular juror for the week, had not been a resident of the State or county for the preceding twelve months. 3d. Because one C. H. McCullough, whose name appears on the venire served as a regular juror at the January term 1892. These several…
2Cases cited10 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Johnson v. StateSupreme Court of Alabama · 1891
- Hammil v. StateSupreme Court of Alabama · 1891
- Fields v. StateSupreme Court of Alabama · 1875
- Darby v. StateSupreme Court of Alabama · 1890
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3Cited by45 opinions
- State v. GetsyOhio Supreme Court · 1998
- State v. WoodsOhio Supreme Court · 1976
- United States v. Larry Wayne Lafleur, United States of America v. Nick Michael HolmCourt of Appeals for the Ninth Circuit · 1992
- State v. HunterSupreme Court of Kansas · 1987
- State v. GlassSupreme Court of Louisiana · 1984
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