Cochran v. State

3 Citing cases

  1. Oliver v. State

    232 Ala. 5 (Ala. 1936)   Cited 93 times
    In Oliver v. State, 232 Ala. 5, 166 So. 615, the argument of the solicitor that there was a Governor with pardoning power, was designated as improper.

    The calling of the special term of the grand jury had discharged the grand jury that returned this indictment, and the defendant's motion to quash should have been sustained. Petty v. State, 224 Ala. 451, 140 So. 585; Mullins v. State, 24 Ala. App. 78, 130 So. 527; Cochran v. State, 18 Ala. App. 403, 92 So. 524; Kilpatrick v. State, 213 Ala. 358, 104 So. 656. The right to interpose the defense of insanity and to have available competent expert testimony in support thereof is an inherent constitutional right of defendant, as essential as compulsory process for obtaining witnesses.

  2. Petty v. State

    140 So. 585 (Ala. 1932)   Cited 7 times
    In Petty v. State, 224 Ala. 451, 140 So. 585, 586, it is said: "The competency of witnesses of tender years rests largely in the discretion of the trial court.

    Code 1923, § 5202; Bailey v. State, 172 Ala. 418, 55 So. 601, 602. While it is held that a grand jury regularly impaneled is presumed to continue until dissolved by operation of law at the expiration of the term, the court is not denied the power of its own motion to discharge a grand jury. It is vested with authority to call a special grand jury; and even if the court did not expressly discharge grand jury originally drawn as shown by the minutes of the court, the impaneling of the special grand jury would ipso facto dissolve or discharge the first grand jury. Whittle v. State, 205 Ala. 639, 89 So. 43; Cochran v. State, 18 Ala. App. 403, 92 So. 524; Code 1923, §§ 8632, 8577, 8578. The evidence on the trial of the plea in abatement showed only minor irregularities in filling the jury box, which cannot suffice to invalidate the indictment.

  3. Cochran v. State

    92 So. 920 (Ala. 1922)

    SOMERVILLE, J. Petition of Elmer Cochran for certiorari to the Court of Appeals to review and revise the judgment of said court, affirming the appeal in Elmer Cochran v. State of Alabama, 18 Ala. App. 403, 92 So. 524. Writ denied. ANDERSON, C. J., and McCLELLAN and THOMAS, JJ., concur.