Legal Opinion

Walker v. State

Supreme Court of Alabama

Decided January 23, 1908PublishedCited by 40 opinions

Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Henry Walker was convicted of homicide, and. be appeals. Defendant is indicted for killing Maggie Dickerson by striking her with an ax or a pistol, or with some other instrument unknown to the grand jury. The facts as to the motion to quash the venire and as to objections to testimony are sufficiently stated in-the opinion.

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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Henry Walker was convicted of homicide, and. be appeals. Defendant is indicted for killing Maggie Dickerson by striking her with an ax or a pistol, or with some other instrument unknown to the grand jury. The facts as to the motion to quash the venire and as to objections to testimony are sufficiently stated in-the opinion. The defendant requested the following charge, which was refused: “(1) I charge you, gentlemen of the jury, that, if there is one single fact proved to the satisfaction of the jury which is…

1Opinion of the CourtDenson, J.

— The motion to quash the venire is based on six grounds, the first four of which are predicated on mistake in the names of special veniremen. These grounds furnished no valid reason for a quashal of the venire. The extent of the defendant’s right, in this respect, was to have the names discarded and other jurors summoned in their stead. — Code 1896, § 5007; Bell’s Case, 115 Ala. 25, 22 South. 526; Longmire’s Case, 130 Ala. 66, 30 South. 413; Jones’ Case, 104 Ala. 30, 16 South. 135.

The other grounds of the motion to quash are that the special venire in this case was also drawn and summoned to…

2Cases cited20 opinions

  1. South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
  2. Hawes v. StateSupreme Court of Alabama · 1889
  3. Watkins v. StateSupreme Court of Alabama · 1889
  4. Mayberry v. StateSupreme Court of Alabama · 1894
  5. Perry v. StateSupreme Court of Alabama · 1888

15 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. McDowell v. StateSupreme Court of Alabama · 1939
  2. Ex parte DavisSupreme Court of Alabama · 1913
  3. Brown v. StateAlabama Court of Appeals · 1946
  4. Bringhurst v. StateAlabama Court of Appeals · 1945
  5. Fowler v. StateSupreme Court of Alabama · 1908

35 more not listed; retrieve them via the Exa API.

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