Legal Opinion

Jones v. State

Supreme Court of Alabama

Decided November 15, 1897PublishedCited by 21 opinions

Appeal from tbe City Court of Montgomery. Tried before the Hon. A. D. Sayke. The appellant, Elijah Jones, was indicted, tried and convicted for the murder of Felix Jones, and sentenced to be hanged.

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Appeal from tbe City Court of Montgomery. Tried before the Hon. A. D. Sayke. The appellant, Elijah Jones, was indicted, tried and convicted for the murder of Felix Jones, and sentenced to be hanged. The defendent made a motion in arrest of judgment upon the following grounds : 1st. It does not affirmatively appear from the record that the defendant was present in court, either personally or by counsel, at the time the venire was drawn containing a regular list of the jurors drawn in said cause. 2d. That the defendant was not in court, either personally or by counsel, at the time the venire…

1Opinion of the CourtHead, J.

There was no error in overruling the motion in arrest of judgment. — Frazier v. State, ante, p. 442, where the same motion, upon the same character of record, was considered.

One Charles Glass, a witness for the State, testified that’, on the occasion of the killing, defendant was sitting in the door of his (witness’) saloon when the deceased came to where the defendant was. Witness, being in the saloon waiting upon customers, did not hear what passed between defendant and deceased; that he saw defendant get up from his chair and move from the door-out on the sidewalk, and on to a bridge…

2Cases cited3 opinions

  1. Payne v. StateSupreme Court of Alabama · 1877
  2. Green v. StateSupreme Court of Alabama · 1881
  3. Hughey v. StateSupreme Court of Alabama · 1872

3Cited by21 opinions

  1. Byrd v. StateSupreme Court of Alabama · 1952
  2. Colson v. StateSupreme Court of Florida · 1906
  3. Hammond v. StateSupreme Court of Alabama · 1906
  4. Longmire v. StateSupreme Court of Alabama · 1900
  5. Starke v. StateSupreme Court of Florida · 1905

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