Hornsby v. State
Supreme Court of Alabama
From the Circuit Court of Bike. Tried before the Hon. John P. Hubbard. The defendant in this case, Lige Hornsby, a negro, was indicted for the murder of Jere Perdue, another negro, “by stabbing him with a knife or other weaponwas convicted of murder in the second degree, and sentenced to the penitentiary for the term of 15 years.
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From the Circuit Court of Bike. Tried before the Hon. John P. Hubbard. The defendant in this case, Lige Hornsby, a negro, was indicted for the murder of Jere Perdue, another negro, “by stabbing him with a knife or other weaponwas convicted of murder in the second degree, and sentenced to the penitentiary for the term of 15 years. Before entering on the trial, the defendant moved to quash the special venire which had' been summoned, but the record does not show that any exception was reserved to the overruling of this motion. As each juror was examined by the court on his voir dire, the…
1Opinion of the CourtColeman, J.
— The defendant was arraigned upon an indictment for murder; to which he pleaded not guilty. After-wards, but before- the day fixed for his trial, he filed a plea to the effect that the special venire was drawn from fifteen dif*62ferent boxes, and not “a single box” as required by law. The proper way to reach a venire not drawn in accordance with law, is by a motion to quash the venire. There was no ruling of the court upon this plea, and the record fails to show that the attention of the court was called to it. Pretennitting the fact that there is no ruling to which an exception was taken, or…
2Cases cited18 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Hawes v. StateSupreme Court of Alabama · 1889
- Hussey v. StateSupreme Court of Alabama · 1888
- Redd v. StateSupreme Court of Alabama · 1881
- Tanner v. StateSupreme Court of Alabama · 1890
13 more not listed; retrieve them via the Exa API.
3Cited by136 opinions
- Phillips v. StateSupreme Court of Alabama · 1946
- Wilson v. StateSupreme Court of Alabama · 1942
- Parrish v. StateSupreme Court of Alabama · 1903
- Morris v. StateSupreme Court of Alabama · 1906
- Miller v. StateSupreme Court of Alabama · 1894
131 more not listed; retrieve them via the Exa API.