Crawford v. State
Supreme Court of Alabama
Appeal from tire Circuit Court of Cleburne. Tried before tbe Hon. George E. Brewer. The appellant, Ben Crawford, was jointly indicted with Henry Evans for murder in the second degree, for killing one A. M. Palmer, was convicted of manslaughter in the first degree, and sentenced to nine years imprisonment in the penitentiary. On motion of the appellant, there was a severance, and Ben Crawford was tried separately.
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Appeal from tire Circuit Court of Cleburne. Tried before tbe Hon. George E. Brewer. The appellant, Ben Crawford, was jointly indicted with Henry Evans for murder in the second degree, for killing one A. M. Palmer, was convicted of manslaughter in the first degree, and sentenced to nine years imprisonment in the penitentiary. On motion of the appellant, there was a severance, and Ben Crawford was tried separately. Before entering upon the trial, and after the jury had been selected (the defendant having pleaded ‘ ‘ not guilty ” at a former day of the courtl, the defendant’s counsel asked for…
1Opinion of the CourtBrickell, C. J.
1. It was matter of irrevisable discretion in the court below, whether, after the selection and organization of the jury, the trial should be suspended, to enable the counsel for the defendant to *17examine the minutes of the court, with the view of filing a plea, alleging that the grand jury finding the indictment, was not drawn in thve presence of the persons designated by law. If the fact existed, that the grand jury was not so drawn, the irregularity could be reached only by a plea in abatement, which the statute requires shall precede a plea to the merits. — Cr. Code of 1886, §§ 4445-46.…
2Cases cited52 opinions
- Hamilton v. PeopleMichigan Supreme Court · 1874
- Jordan v. StateSupreme Court of Alabama · 1886
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Harris v. StateSupreme Court of Alabama · 1892
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
47 more not listed; retrieve them via the Exa API.
3Cited by147 opinions
- Roan v. StateSupreme Court of Alabama · 1932
- Parrish v. StateSupreme Court of Alabama · 1903
- Smith v. StateSupreme Court of Alabama · 1904
- Jarrell v. StateSupreme Court of Alabama · 1948
- McGhee v. StateSupreme Court of Alabama · 1912
142 more not listed; retrieve them via the Exa API.