Legal Opinion

McGehee v. State

Supreme Court of Alabama

Decided February 9, 1911PublishedCited by 63 opinions

Appeal from Crenshaw Circuit Court. Heard before Hon. J. C. Richardson. Fletcher McGehee was convicted of murder and he appeals. Counsel insist without citation of authority that the motion to quash the indictment should have been granted.

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Appeal from Crenshaw Circuit Court. Heard before Hon. J. C. Richardson. Fletcher McGehee was convicted of murder and he appeals. Counsel insist without citation of authority that the motion to quash the indictment should have been granted. A statement in the nature of confession cannot be received unless shown to be voluntary. — 1 Mayf. 202. A confession obtained by flattery of hope or the torture of fear is not admissible. — Lacey v. The State, 58 Ala. 385; Bedel v. The State, 69 Ala. 255; Kelly v. The State, 72 Ala. 244; Greggs v. The State, 106 Ala. 44. It Avas uncontradicted that the…

1Opinion of the CourtSomerville, J.

The indictment under which the" defendant was tried and convicted of murder was in two counts. The defendant in due form objected to the indictment on the alleged ground that the first count charged him with the murder of the infant child of Fenie ‘Geldell,” and the second count charged him with the murder of the infant child of Fenie “Yeldell,” thus charging him in one indictment with two distinct and unrelated murders. We have examined the original indictment, and are of the opinion that the mother’s name is written “Yeldell” in both counts, although the capital “Y’s” are of a different…

2Cases cited7 opinions

  1. Levison v. StateSupreme Court of Alabama · 1875
  2. Shelton v. StateSupreme Court of Alabama · 1905
  3. Aikin v. StateSupreme Court of Alabama · 1860
  4. Wilson v. StateSupreme Court of Alabama · 1887
  5. Sampson v. StateSupreme Court of Alabama · 1894

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

3Cited by63 opinions

  1. Coral v. StateCourt of Criminal Appeals of Alabama · 1992
  2. Smith v. StateSupreme Court of Alabama · 1916
  3. Bachelor v. StateSupreme Court of Alabama · 1927
  4. Ex Parte HallSupreme Court of Alabama · 2001
  5. Watts v. StateSupreme Court of Alabama · 1912

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

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