Legal Opinion

Jobe v. State

Alabama Court of Appeals

Decided May 9, 1911PublishedCited by 2 opinions

Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. John Jobe was convicted of assault with intent to murder, and he appeals.

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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. John Jobe was convicted of assault with intent to murder, and he appeals. The language of the statute is clear and specific, and it is only when the language is susceptible to two or more meanings that the conrts are justified in adopting one meaning rather than another. — Maxwell v. The State, 89 Ala. 161; 36 Cyc. 1111, 1114, and notes; 1 Kan. 285; 28 Mass. 487; 168 U. S. 95; 28 A. & E. Enc. of Law, 596-601. The state had offered evidence of flight and it was competent for the defendant to explain the circumstances. — 12…

1Opinion of the CourtPelham, J.

The appellant was tried in the circuit court of Marshall county on an indictment charging an *114assault with intent to murder, was convicted, and appeals.

The jury law in force at the time of the trial required lists of the regular jurors impaneled for the week of the trial and in attendance on the court to he furnished the solicitor and counsel for defendant, from which to select the jury to try the case by the usual mode of striking down to the requisite 12 names. Acts 1909, p. 313. On the list furnished to the defendant there were more than 24 names of regular jurors competent to try the case,…

2Cases cited4 opinions

  1. Prater v. StateSupreme Court of Alabama · 1894
  2. Shelton v. StateSupreme Court of Alabama · 1882
  3. Kimbrough v. StateSupreme Court of Alabama · 1878
  4. Cole v. StateSupreme Court of Alabama · 1894

3Cited by2 opinions

  1. Trammell v. StateAlabama Court of Appeals · 1911
  2. Clarke v. StateAlabama Court of Appeals · 1912

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