Walker v. State
Supreme Court of Alabama
Appeal from Circuit Court, Elmore County; E. Loyd Tate, Judge. Duff Walker was convicted of murder in the first degree, and be appeals. Tbe court erred relative to tbe venire. Acts 1919, p. 1041; 172 Ala. 418, 55 South. 601; 186 Ala. 9, 65 South. 56; 185 Ala.. 20, 64 South. 80; 16 Ala. App. 303, 77 South-456; 183 Ala. 36, 62 South. 800 ; 5 Ala. App. 178, 59 South. 333; 171 Ala. 38, 55 South. 118. The supernumerary judge was without authority to hold the court.
Read the full summary
Appeal from Circuit Court, Elmore County; E. Loyd Tate, Judge. Duff Walker was convicted of murder in the first degree, and be appeals. Tbe court erred relative to tbe venire. Acts 1919, p. 1041; 172 Ala. 418, 55 South. 601; 186 Ala. 9, 65 South. 56; 185 Ala.. 20, 64 South. 80; 16 Ala. App. 303, 77 South-456; 183 Ala. 36, 62 South. 800 ; 5 Ala. App. 178, 59 South. 333; 171 Ala. 38, 55 South. 118. The supernumerary judge was without authority to hold the court. Sections 142-144, 161, Const. 1901. The remarks of the ■court were error. Section 5364, Code 1907, as amended by Acts 1915, p. 851;…
1Opinion of the Court
McCLELLAN, j.
[1, 2] The appellant was •convicted of murder in the first degree, and sentenced to life imprisonment. The indictment was returned on October 15, 1919. The amendment, by the act approved September 29, 1919 (Gen. Acts, pp. 1039-1042), of the jury law approved August 31, 1909 (Acts, pp. 305, 317, et seq.) was the law governing the special venire for appellant’s trial. The act of 1909 required a special venire to contain the names of the regular jurors “drawn and summoned” for the week during which the capital case was to be tried. The amendatory act of 1919 omitted “summoned” from…
2Cases cited2 opinions
- Callaway & Truitt v. GaySupreme Court of Alabama · 1904
- Rudolph v. StateSupreme Court of Alabama · 1911
3Cited by18 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Edwards v. StateSupreme Court of Alabama · 1920
- Spooney v. StateSupreme Court of Alabama · 1928
- Alabama Power Company v. ScholzSupreme Court of Alabama · 1968
- Whittle v. StateSupreme Court of Alabama · 1921
13 more not listed; retrieve them via the Exa API.