Smith v. State
Supreme Court of Alabama
From the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. The defendant in this case, M. O. Smith, was indicted for an assault on O. C. Latham, with the intent to murder him ; and was tried on issue joined on the plea of not guilty.
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From the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. The defendant in this case, M. O. Smith, was indicted for an assault on O. C. Latham, with the intent to murder him ; and was tried on issue joined on the plea of not guilty. On the trial, as the bill of exceptions shows, the State introduced said Latham as a witness, who was-the father-in-law of the defendant, and who testified as to the circumstances attending a quarrel and difficulty between them, which occurred in the house in which they were living together, and during which the defendant fired a pistol at said…
1Opinion of the CourtCloptoe, J.
Section 4819 of the Code provides: “ When the judgment is arrested, or the indictment quashed, on account of any defect therein, or because it was not found by a grand jury regularly organized, or because it charged no offense, or for any other cause, the court may order another indictment to be preferred for the offense charged, or intended to be charged ; and in such case, an entry of record must be made, setting forth the facts.”
An indictment was preferred against the defendant, for assault with intent to murder, at the August term, 1882, of the Circuit Court. At the January term, 1886,…
2Cases cited2 opinions
- Clarke v. StateSupreme Court of Alabama · 1885
- Weston v. StateSupreme Court of Alabama · 1879
3Cited by4 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Timmons v. StateCourt of Criminal Appeals of Alabama · 1986
- Hickey v. StateTennessee Supreme Court · 1915
- State v. BarrettSupreme Court of Louisiana · 1906