Russell v. State
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County ; Thomas W. Wert, Judge. William D. Russell was convicted of murder, and he appeals. It appears that at the trial three jurors answered they had a fixed opinion against capital or penitentiary punishment, and the state waived cause for challenge, and the jurors were put upon venire to try defendant.
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Appeal from Circuit Court, Morgan County ; Thomas W. Wert, Judge. William D. Russell was convicted of murder, and he appeals. It appears that at the trial three jurors answered they had a fixed opinion against capital or penitentiary punishment, and the state waived cause for challenge, and the jurors were put upon venire to try defendant. Two other jurors being asked the same question answered in the affirmative, and the state challenged them for cause, and their names were not put upon the venire. Defendant excepted, insisting the state should be required to challenge each and every one so…
1Opinion of the CourtAnderson, C. J.
[1] The right to challenge, under section 7278 of the Code of 1907, because the juror has a fixed opinion against capital or penitentiary punishment is available only to the state, and it can either exercise or waive this right. Wesley v. State, 61 Ala. 282; Harrison v. State, 79 Ala. 29; Thayer v. State, 138 Ala. 49, 35 South. 406.
[2, 3]- When the sanity of the person is being investigated and determined, and there is other proof tending to establish the mental incapacity of said person, it is competent to show in connection therewith the insanity of his ancestors or other blood relatives.…
2Cases cited21 opinions
- McAllister v. StateSupreme Court of Alabama · 1850
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Wear v. WearSupreme Court of Alabama · 1916
- Hale v. StateSupreme Court of Alabama · 1898
- Bales v. StateSupreme Court of Alabama · 1879
16 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Smarr v. StateSupreme Court of Alabama · 1953
- Burns v. StateSupreme Court of Alabama · 1932
- Bachelor v. StateSupreme Court of Alabama · 1927
- Brothers v. StateSupreme Court of Alabama · 1938
22 more not listed; retrieve them via the Exa API.