James v. State
Alabama Court of Appeals
Appeal from Washington Circuit Court. Heard before Hon. A. H. Alston. Jerry James was convicted of murder in the second degree, and he appeals. Jerry Hopkins was called as a juror and asked, “Are you opposed to capital and penitentiary punishment?” He answered, “Yes, sir.” He was then asked, “You don’t believe a man should be sent to the penitentiary or hung for anything?” and he answered, “No, sir.”
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Appeal from Washington Circuit Court. Heard before Hon. A. H. Alston. Jerry James was convicted of murder in the second degree, and he appeals. Jerry Hopkins was called as a juror and asked, “Are you opposed to capital and penitentiary punishment?” He answered, “Yes, sir.” He was then asked, “You don’t believe a man should be sent to the penitentiary or hung for anything?” and he answered, “No, sir.” The witness Curtis stated on cross-examination: “I looked at the place and saw the sign where he was shot with a pistol. I did not see the bullet, but just judged from the sign that it was a…
1Opinion of the Court
BROWN, J.(1) The juror Jerry Hopkins, on the voir dire examination, stated that he was opposed to capital and penitentiary punishment, and it was proper for the court to excuse him from service.—O’Rear v. State, 188 Ala. 71, 66 South. 81.
(2, 3) The motion to exclude the testimony of the witness Curtis was properly overruled. No objection was made to the question and the motion to exclude was not made until the witness had been fully cross-examined by the defendant’s. counsel. —Kramer v. Compton, 166 Ala. 216, 52 South. 351; Hudson v. State, 137 Ala. 64, 34 South. 854. Furthermore, there was…
2Cases cited32 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Morris v. StateSupreme Court of Alabama · 1906
- Burney v. TorreySupreme Court of Alabama · 1893
- Moulton v. StateSupreme Court of Alabama · 1889
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3Cited by6 opinions
- Scott v. StateSupreme Court of Alabama · 1924
- Cook v. StateCourt of Criminal Appeals of Alabama · 1977
- Shewbart v. StateAlabama Court of Appeals · 1947
- Smith v. City of BirminghamAlabama Court of Appeals · 1951
- Isom v. StateAlabama Court of Appeals · 1937
1 more not listed; retrieve them via the Exa API.