Lee v. State

Decided December 15, 1876

Supreme Court of Alabama · decided 1876-12-15

Eboh the Circuit Court of Pike. Tried before the Hon. H. D. Clayton. The indictment in this case, which was found at the October term, 1875, charged that the prisoner, “ Eli E. Lee, alias Tobe Lee, unlawfully, and with malice aforethought, killed George W. Carroll, by shooting him with a pistol.” The defendant pleaded not guilty, and the trial was had on- issue joined on that plea.

Relies on Skinner v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1876-12-15

How this case has been cited

Cited by 5 later decisions — most recently June 1904

5 state decisions

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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STONE, J. —

¶1In Floyd v. The State, at tbe present term, we decided tbe main question in tbis cause adversely to tbe present appellant. Tbe Circuit Court did not err in refusing to quasb tbe venire.■ — See Rev. Code, § 4177.

¶22. We do not tbink there is any thing in tbe objection, that tbe Christian name of tbe defendant is stated under an alias dietus. Some ancient authorities look that way; but such technicality is at war with tbe spirit of our statutes.— Rev. Code, § 4118; Skinner v. The State, 30 Ala. 524; Bryant v. The State, 36 Ala. 2701 Bish. Cr. Proc. §§ 678, 681.

¶3Judgment of Circuit Court affirmed.