Legal Opinion

Cooke v. State

Alabama Court of Appeals

Decided June 21, 1921No. 7 Div. 739PublishedCited by 15 opinions

Appeal from Circuit Court, St. Clair County; O. A. Steele, Judge. William P. Cooke was convicted of assault with intent to murder, and he appeals.

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Appeal from Circuit Court, St. Clair County; O. A. Steele, Judge. William P. Cooke was convicted of assault with intent to murder, and he appeals. The following charges were refused to the defendant: (3) “If the jury believe from the evidence that one W. L. Steed told the defendant, on the evening or night before the alleged shooting at about 8 o’clock the next morning, that Dr. Willbanks had told or directed him (said Steed) to ■ tell defendant that, unless defendant came to Willbanks’ house and signed a paper, Will-banks would kill defendant before the sun went down to-morrow night, then if…

1Opinion of the CourtSamford, J.

[1] Objection was made to the indictment, in various ways, because W. B. Bowling, solicitor of the Fifth judicial circuit, was before the grand jury assisting in the investigation of this case. This position was not tenable. It was agreed on the trial that W. B. Bowling, solicitor of the Fifth judicial circuit, acted with the grand jury under the parol authority of the Attorney General. Under act of the Legislature approved September 22, 1915 (Acts 1915, p. 719, § 3), this authority is fixed and provided, and it nowhere appears that the authority to act must be in writing.

[2] The most urgent…

2Cases cited17 opinions

  1. Edwards v. StateSupreme Court of Alabama · 1920
  2. Roberts v. StateSupreme Court of Alabama · 1880
  3. Clarke v. StateSupreme Court of Alabama · 1885
  4. Roberts v. StateSupreme Court of Alabama · 1881
  5. Stoball v. StateSupreme Court of Alabama · 1897

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

3Cited by15 opinions

  1. Higdon v. StateAlabama Court of Appeals · 1932
  2. Jones v. StateAlabama Court of Appeals · 1924
  3. Robinson v. StateAlabama Court of Appeals · 1922
  4. Patterson v. StateAlabama Court of Appeals · 1926
  5. Montgomery v. StateAlabama Court of Appeals · 1926

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

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