Simmons v. State
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Walter Simmons was convicted of murder in tbe second degree, and appeals. Tlie pleas in abatement are sufficiently set out in tbe opinion.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Walter Simmons was convicted of murder in tbe second degree, and appeals. Tlie pleas in abatement are sufficiently set out in tbe opinion. Tbe demurrers thereto are in tbe following form: “Comes the state, by its solicitor, and demurs to tbe plea in abatement filed to tbe indictment in tbe above-entitled cause, and assigns tbe following grounds: (1) Said plea alleges that tbe defendant’s name is Walter Simmons, and not Walter Summons, whereas said indictment shows that the defendant is charged by tbe name of Walter Simmons,…
1Opinion of the CourtSimps'Ox, J.
The appellant was indicted for the crime of murder in the first degree, and was convicted of murder in the second degree. The demurrer to the indictment, based on the ground that it charges the killing to have been done with a “gum,” is without merit. Any person of “common understanding” knows that it was intended to be with a “gun,” Code 1907, § 7134. The expression is, “shooting him with a gum.” The word “gum,” in this connection, cannot mean anything else than “gun,” as there is no such thing as a “gum” with which a man could be shot.
The plea in abatement, that the defendant’s name is…
2Cases cited13 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- State ex rel. Illinois Cent. R. v. Board of Levee Com'rsSupreme Court of Louisiana · 1902
- McGuff v. StateSupreme Court of Alabama · 1889
- Walker v. StateSupreme Court of Alabama · 1908
- Welsh v. StateSupreme Court of Alabama · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Ex parte DavisSupreme Court of Alabama · 1913
- Brown v. StateAlabama Court of Appeals · 1946
- Bringhurst v. StateAlabama Court of Appeals · 1945
- Davis v. StateAlabama Court of Appeals · 1913
- Roberson v. StateSupreme Court of Alabama · 1912
16 more not listed; retrieve them via the Exa API.