Linehan v. State
Supreme Court of Alabama
Indictment for Murder. Appeal from the Circuit Court of Walker. The appellant was indicted and tried for the murder of one Allen M. Oakley, and convicted of murder in the second degree, and sentenced to the penitentiary for twenty-five years.
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Indictment for Murder. Appeal from the Circuit Court of Walker. The appellant was indicted and tried for the murder of one Allen M. Oakley, and convicted of murder in the second degree, and sentenced to the penitentiary for twenty-five years. The defendant filed the following plea in abatement: “Comes the defendant and pleads to the said indictment and says that the persons composing the said grand jury which returned said indictment were not drafvn as required by law, for that the said jury commission of Walker county, Alabama, drew from the jury box over twenty-five names, and from -the,…
1Opinion of the CourtHaralson, J.
1. Section 4445 of the Code provides that “no objection can be taken to an indictment, by plea in abatement, or otherwise, on the ground that any member of the grand jury was not legally qualified, or that the grand jurors were not legally drawn or summoned, or on any other ground, going to the formation of the grand jury, except that the jurors were not drawn in the presence of the officers designated by law.”
The plea made in this case to abate the indictment was-for.reasons other than that the grand jury was not drawn in the presence of the officers designated by law, and is based on…
2Cases cited22 opinions
- Gunter v. StateSupreme Court of Alabama · 1895
- Roberts v. StateSupreme Court of Alabama · 1880
- Johnson v. StateSupreme Court of Alabama · 1893
- Tanner v. StateSupreme Court of Alabama · 1890
- Evans v. StateSupreme Court of Alabama · 1895
17 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Smith v. StateSupreme Court of Alabama · 1913
- Lide v. StateSupreme Court of Alabama · 1901
- Roberson v. StateSupreme Court of Alabama · 1913
- Rodgers v. StateSupreme Court of Alabama · 1906
- May v. StateSupreme Court of Alabama · 1910
11 more not listed; retrieve them via the Exa API.