Hubbard v. State
Supreme Court of Alabama
FeoM the Circuit Court of Colbert. Tried before the Hon. II. C. Spkake. The indictment in this case charged, in a single count, that the defendant, Ann Hubbard, “unlawfully and with malice aforethought killed her infant child, whose sex is to this g’rand jury unknown, by cutting oft' its head with some instrument which is to this grand jury unknown; which said child was a new-born infant, and nameless.”
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FeoM the Circuit Court of Colbert. Tried before the Hon. II. C. Spkake. The indictment in this case charged, in a single count, that the defendant, Ann Hubbard, “unlawfully and with malice aforethought killed her infant child, whose sex is to this g’rand jury unknown, by cutting oft' its head with some instrument which is to this grand jury unknown; which said child was a new-born infant, and nameless.” On being arraigned, the defendant pleaded not guilty, and, as the judgment-entry recites, “asked the court for one hundred jurors; which demand the court refused, and the defendant excepted;”…
1Opinion of the Court
BI1T0KELL, C. J.
1. Jt was matter of discretion in the Circuit Court to order the summoning of any number of jurors for the trial of the accused, if, including the regular juries for the week or term, the number was not reduced below fifty, or did not exceed one hundred. — Code of 1876, $ 4874. The exercise of the discretion is not revisable on error.—Blevins v. State, 68 Ala. 92.
2. The only evidence of the authenticity of an indictment, which is required by the statute, is the indorsement of the foreman of the grand jury. The indorsement of the clerk, showing its filing in open court, may be…
2Cases cited15 opinions
- Sparks v. StateSupreme Court of Alabama · 1877
- Bain v. StateSupreme Court of Alabama · 1878
- Mose v. StateSupreme Court of Alabama · 1860
- Childs v. StateSupreme Court of Alabama · 1876
- Wesley v. StateSupreme Court of Alabama · 1875
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3Cited by52 opinions
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- Williams v. StateSupreme Court of Alabama · 1886
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