State v. Groom
Montana Supreme Court
Appeal from District Court, Rosebud Countyj Ceo. W. Pier-son, Judge. Lynn Groom was convicted of a felony and appeals. It has been held in Alabama, in the case of Ezell v. State, 102 Ala. 101, 15 South. 810, as follows: “The fact that the sheriff supposes or knows that a person whose name appears upon the venire is exempt or disqualified as a juror does not excuse his failure to summon him, the questions of exemption and qualification being for the court.”
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Appeal from District Court, Rosebud Countyj Ceo. W. Pier-son, Judge. Lynn Groom was convicted of a felony and appeals. It has been held in Alabama, in the case of Ezell v. State, 102 Ala. 101, 15 South. 810, as follows: “The fact that the sheriff supposes or knows that a person whose name appears upon the venire is exempt or disqualified as a juror does not excuse his failure to summon him, the questions of exemption and qualification being for the court.” In State v. Moore, 120 N. C. 570, 26 S. E. 697, the erroneous action of the judge in determining the qualifications of jurors as the names…
1Opinion of the CourtJustice Holloway
When this appellant was brought to trial in the district court of Bosebud county upon an information charging him with the [1] commission of a felony, he interposed a challenge to the jury panel upon the ground that the sheriff had intentionally omitted to summon twelve of the jurors drawn and whose names appeared upon the venire. Counsel for the state announced that *357they excepted, and thereupon evidence was offered by the defendant in proof of the charge made, but at the conclusion the court overruled the challenge, and in doing so indicated that the ruling resulted from the defendant’s…
2Cases cited5 opinions
- State v. TigheMontana Supreme Court · 1903
- State v. LandryMontana Supreme Court · 1903
- Dupont v. McadowMontana Supreme Court · 1886
- State ex rel. Root v. McHattonMontana Supreme Court · 1891
- People v. ArmstrongIdaho Supreme Court · 1887
3Cited by22 opinions
- State v. LaMereMontana Supreme Court · 2000
- Tribby v. Northwestern Bank of Great FallsMontana Supreme Court · 1985
- State v. MoranMontana Supreme Court · 1963
- State v. FitzpatrickMontana Supreme Court · 1977
- State v. FitzpatrickMontana Supreme Court · 1977
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