Green v. State
Supreme Court of Alabama
Appeal from Macon Circuit Court. Tried before Hon. James E. Cobb. At the spring term, 1882, of said court, Bill Creen, the-defendant in that court, appellant liere, was indicted for the murder of John Tanner; and at a subsequent term lie was tried and convicted .of murder in the second degree, and sentenced to-imprisonment in the penitentiary for twelve years.
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Appeal from Macon Circuit Court. Tried before Hon. James E. Cobb. At the spring term, 1882, of said court, Bill Creen, the-defendant in that court, appellant liere, was indicted for the murder of John Tanner; and at a subsequent term lie was tried and convicted .of murder in the second degree, and sentenced to-imprisonment in the penitentiary for twelve years. At the term of the trial, the defendant filed a motion to quash the indictment, and also a plea in abatement, the substantial averments of which are stated in the opinion. The issues of fact formed on the motion and on the plea -were,…
1Opinion of the CourtStone, J.
— The only question raised by this record arises out of the organization of the grand jury which preferred the indictment, on which the defendant was tried and the sentence of conviction pronounced. It is not alleged, either in the motion to quash the indictment, or in the plea in abatement, that the jurors were “ not drawn in the presence of the officers designated by law.” — Code of 1876, § 4889. The defendant, appellant here, is represented as a negro of full blood, and the person, for whose homicide he was tried and convicted, was also a negro. The charges'and averments made in the motion…
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3Cited by30 opinions
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