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176 Ala. 14

Sims v. State

Supreme Court of Alabama

Decided April 2, 1912

Supreme Court of Alabama · decided 1912-04-02

Heard before Hon. B. M. Miller. John Sims was convicted of murder and he appeals. The indictment was subject to the demurrer interposed.- — Hornsby v. State, 94 Ala. 55. — The motion to quash the venire should have been granted. — Sec. 32, Acts 1909, p. 305; Davis v. State, 52 South.; Jackson v. State, 55 South. 118; Baily v. State, 55 South. 601; Harris v. State, 55 South. 609; Seay v. State, 55 South. 611.

Relies on Smith v. State · King v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1912-04-02

How this case has been cited

Cited by 5 later decisions — most recently March 1952

5 state decisions

2019121920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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ANDERSON, J.

¶1The second count of the indictment charges that the defendant killed the deceased “by an explosion of earbonite, or other explosive substance of like kind or character. A further or better description of same is to the grand jury unknown.” The plain meaning of the indictment is that the defendant caused or produced the explosion which caused or resulted in the death of the deceased. Nor was the indictment defective and subject to demurrer for charging that the explosive was earbonite or other explosive substance of like kind or character, a further or better description being unknown. King v. State, 137 Ala. 47, 34 South. 683; Smith v. State, 142 Ala. 14, 39 South. 329; sections 7144-7149 of the Code of 1907. There was no error in overruling the defendant’s demurrer to the second count of the indictment.

¶2There was no error in refusing to quash the venire because of a mistake in the name of one of the jurors, or for any of the other grounds set up in the motion to qudsh. — Acts 1909, p. 320.

¶3There was no error in refusing the general charge requested by the defendant. The .rulings upon the evidence have been carefully considered and are free from *16reversible error, and it would be but a rehash of elementary rules of evidence, as well as a needless incumbrance of the books, to discuss the same in this opinion.

¶4The judgment of the circuit court is affirmed.

¶5Affirmed.

Dowdell, C. J., and Simpson, Sayre, and Somerville, JJ., concur. McClellan and Mayfield, JJ., not sitting.
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