Sheppard v. State
Alabama Court of Appeals
Appeal from Andalusia City Court. Heard before Hon. A. L. Rankin. W. M. Sheppard was convicted of violating the prohibition law and he appeals.
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Appeal from Andalusia City Court. Heard before Hon. A. L. Rankin. W. M. Sheppard was convicted of violating the prohibition law and he appeals. The defendant was entitled to strike from the complete jury panel for the week. —-Section 32, Acts 1909, p. 318. The sentence of three months was a shorter term than Avas provided by law, and Avas hence, void. — Section 3, Acts 1909, p. 95; Ex parte Brown, 102 Ala. 179; Brown’s Case, 47 Ala. 47. The court erred in the admission of evidence.- — Prince v. The State, 100 Ala. 144. The defendant had the number of jurors to which he Avas entitled under the…
1Opinion of the Court
de GRAFFENRIED, J. —
1. The venire for the week during Avhich the defendant’s case Avas tried consisted of 36 persons aaTlo Avere regularly draAvn, summoned, and impaneled for the Aveek. All of these jurors Avere in attendance upon the court as jurors Avhen the defendant’s case Avas called for trial, and, when his trial Avas entered upon and had, none of the jurors Avere engaged in the trial of any other case. The entire panel was so situated, therefore, that the names of all of the jurors for the Aveek Avho were qualified to sit as jurors on the defendant’s trial could have been placed upon…
2Cases cited2 opinions
- Allison v. StateAlabama Court of Appeals · 1911
- Jones v. Union Foundry Co.Supreme Court of Alabama · 1911
3Cited by2 opinions
- Edgar v. StateSupreme Court of Alabama · 1913
- Dees v. StateAlabama Court of Appeals · 1921