Clarke v. State
Supreme Court of Alabama
From the Criminal Court of Jefferson. Tried before the Hon S. E. Greene. The defendant in this case, Balph Clarke, was indicted for the murder of James Leatherwood, by shooting him with a gun or pistol; was convicted of murder in the first degree, and sentenced to the penitentiary for life. The material facts attending the killing are stated in the former report of the case (78 Ala. 474-81), and a statement of them here is unnecessary.
Read the full summary
From the Criminal Court of Jefferson. Tried before the Hon S. E. Greene. The defendant in this case, Balph Clarke, was indicted for the murder of James Leatherwood, by shooting him with a gun or pistol; was convicted of murder in the first degree, and sentenced to the penitentiary for life. The material facts attending the killing are stated in the former report of the case (78 Ala. 474-81), and a statement of them here is unnecessary. “On Monday, June 4th,” as the bill of exception recites, a special venire was drawn, the defendant demanding that said venire should be composed of fifty…
1Opinion of the CourtClopton, J.
When the names of persons to be summoned as special jurors for the trial were being drawn, defendant demanded that fifty names should be drawn, but the court permitted only thirty. The jury law, which was in force in Jefferson county at that time, provides, that when any capital case stands for trial, the court shall cause the jury-box to be brought into the court-room, and the presiding judge shall draw therefrom not less than twenty-five, nor more than fifty names, to constitute a part of the venire, from which the jury to try the case shall be selected.- — Acts 1886-7, p. 151. The statute…
2Cases cited4 opinions
- Stover v. . People of the State of N.Y.New York Court of Appeals · 1874
- Clarke v. StateSupreme Court of Alabama · 1885
- Huber v. StateIndiana Supreme Court · 1877
- Todd v. StateSupreme Court of Alabama · 1888
3Cited by9 opinions
- Diggs v. United StatesCourt of Appeals for the Ninth Circuit · 1915
- Harrold v. Territory of OklahomaCourt of Appeals for the Eighth Circuit · 1909
- Hodge v. StateSupreme Court of Alabama · 1892
- State v. LarkinSupreme Court of Missouri · 1913
- Guy v. StateCourt of Appeals of Maryland · 1899
4 more not listed; retrieve them via the Exa API.