Harrell v. State
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Beewee. Ess Harrell was convicted of murder, and he appeals.
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Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Beewee. Ess Harrell was convicted of murder, and he appeals. Testifying for himself, the defendant said that he and the deceased went on a visit that night, and about 11 o’clock they left the house where they were visiting and started to return home; that the deceased had brought his gun with him, but, not wishing to carry it to the house, stood it up in the corner of a fence near by; that defendant was ahead of the deceased, and when he reached the place where the gun was he picked it up: and, when deceased came up, deceased…
1Opinion of the CourtDenson, J.
The defendant was convictéd: of mhrdér in the1 second degree, and-has appealed-from the judgment? of conviction. - :
Section 6256 of the .Code.of 1907 provides that the transcript need not contain-the organization of the grand jury which found the indictment, unless some question was raised thereon- before the trial .court. Now,' even if it can be said of the present transcript that it-fails to show the organization of the- grand jury, still this can avail the defendant- nothing. The record - fails to -show that any question was raised in respect to the organization. — Hatch’s Case, 144 Ala.…
2Cases cited4 opinions
- Fitzgerald v. StateSupreme Court of Alabama · 1895
- Peel v. StateSupreme Court of Alabama · 1905
- Hatch v. StateSupreme Court of Alabama · 1906
- Tipton v. StateSupreme Court of Alabama · 1903
3Cited by9 opinions
- Harrell v. StateCourt of Criminal Appeals of Alabama · 1984
- Flint v. StateCourt of Criminal Appeals of Alabama · 1979
- Hardley v. StateSupreme Court of Alabama · 1918
- Campbell v. StateAlabama Court of Appeals · 1915
- Stuckey v. StateCourt of Criminal Appeals of Alabama · 1976
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