Wesley v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Heard before Hon. John A. Minnis. The defendant, Jake Wesley, was indicted for the murder of Ben. Jarratt. It does not appear in the bill of exceptions that the defendant was served with a copy of the indictment, together with a list of all the jurors summoned in the cause, but the judgment entry recites that defendant acknowledged the delivery thereof to him one entire day before the trial.
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Appeal from the City Court of Montgomery. Heard before Hon. John A. Minnis. The defendant, Jake Wesley, was indicted for the murder of Ben. Jarratt. It does not appear in the bill of exceptions that the defendant was served with a copy of the indictment, together with a list of all the jurors summoned in the cause, but the judgment entry recites that defendant acknowledged the delivery thereof to him one entire day before the trial. Defendant pleaded in abatement to the indictment, that it had not been presented to, and filed in court as required by the statute. The indictment contained the…
1Opinion of the CourtBrickell, C. J.
The appellant was indicted for murder. The record discloses that he acknowledged in open court that a copy of the indictment, and a list of the jurors summoned for his trial, had been duly served on him one entire day before the day appointed for trial. This acknowledgment it is now insisted is not sufficient evidence of the fact of such service; that it should be made to appear from other evidence. If it could be conceded essential to the validity of a conviction for felony, which may be punished capitally, that it should appear affirmatively from the record, that a copy of the indictment…
2Cases cited5 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Mose v. StateSupreme Court of Alabama · 1860
- State v. ClarksonSupreme Court of Alabama · 1842
- Hopper v. AshleySupreme Court of Alabama · 1849
- Gayle v. BishopSupreme Court of Alabama · 1848
3Cited by21 opinions
- Roan v. StateSupreme Court of Alabama · 1932
- Stephens v. StateSupreme Court of Alabama · 1947
- Hubbard v. StateSupreme Court of Alabama · 1882
- Jackson v. StateSupreme Court of Alabama · 1883
- Fleming v. StateSupreme Court of Alabama · 1907
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