Linnehan v. State
Supreme Court of Alabama
Appear from the Circuit Court of Walker. Tried before the Hon. James J. Banks. The indictment in this case charges the appellant, John Linnehan, with murder in the first degree. At a former term of the circuit court the defendant was convicted of murder in the second degree, and on appeal to this court from that judgment of conviction, the judgment was reversed.
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Appear from the Circuit Court of Walker. Tried before the Hon. James J. Banks. The indictment in this case charges the appellant, John Linnehan, with murder in the first degree. At a former term of the circuit court the defendant was convicted of murder in the second degree, and on appeal to this court from that judgment of conviction, the judgment was reversed. There is nothing in the record on the present appeal showing these facts ; but according to the present record the defendant, when he was put upon his trial, was charged with murder in the first degree. The record fails to show any…
1Opinion of the CourtHaralson, J.
1. The record in this case does not show that the defendant had been once tried on this indictment, and convicted of murder in the Second degree. The couTt did not set a day for the trial of the cause, and order the number of jurors prescribed by the statute for the trial, and have a list of them and copy of the indictment served on the defendant, in the manner prescribed for the trial of capital cases. — Or. Code of 1886, p. 134, § 10 of the jury law. . Nor does it appear of record that the defendant pleaded specially that he had been acquitted on a former trial of murder in the first degree…
2Cases cited6 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- Burton v. StateSupreme Court of Alabama · 1896
- Cleveland v. StateSupreme Court of Alabama · 1888
- Thornton v. StateSupreme Court of Alabama · 1896
- Ex parte BrownSupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Sharp v. StateSupreme Court of Alabama · 1915
- Little v. SuggSupreme Court of Alabama · 1942
- Ex Parte WilliamsSupreme Court of Alabama · 1925
- Thomas v. StateSupreme Court of Alabama · 1951
- Baxley v. StateAlabama Court of Appeals · 1921
17 more not listed; retrieve them via the Exa API.