Watson v. State
Alabama Court of Appeals
Appeal from Chpctaw Circuit Court. Heard before Hon. Ben D. Turner. Ed Watson was convicted of manslaughter in the first degree, and he appeals. Ed Kelly was shown to be the cousin of the defendant, and the court of its own motion excused him as a juror. Sturdivant, upon his examination as a juror, expressed a doubt as to his willingness to convict upon circumstantial evidence, and was excused by the court of its own motion; the solicitor also excused the juror Sturdivant.
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Appeal from Chpctaw Circuit Court. Heard before Hon. Ben D. Turner. Ed Watson was convicted of manslaughter in the first degree, and he appeals. Ed Kelly was shown to be the cousin of the defendant, and the court of its own motion excused him as a juror. Sturdivant, upon his examination as a juror, expressed a doubt as to his willingness to convict upon circumstantial evidence, and was excused by the court of its own motion; the solicitor also excused the juror Sturdivant. The juror Hurst stated that his grandfather and the grandfather of the defendant were brothers, and he was excused by the…
1Opinion of the Court
BROWN, J.(1) The duty rests upon the trial court to determine, not only whether the veniremen possess the general qualifications prescribed by the jury law for jury service in general, but also whether they are competent jurors for the trial of the case in hand. “This being the judge’s duty, it is of no consequence whether he rejects an unfit venireman ex_ mero motu, or upon the suggestion of another.” — O’Rear v. State, 188 Ala. 75, 66 South. 82. No error, therefore, is shown in excusing the jurors Kelly, Hurst, and Sturdivant. — Griffin v. State, 90 Ala. 596, 8 South. 670; O’Rear v. State,…
2Cases cited10 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- Griffin v. StateSupreme Court of Alabama · 1891
- O'Rear v. StateSupreme Court of Alabama · 1914
- Gaston v. StateSupreme Court of Alabama · 1909
- Browne v. United StatesCourt of Appeals for the Second Circuit · 1905
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3Cited by9 opinions
- Baxley v. StateAlabama Court of Appeals · 1921
- Collins v. StateAlabama Court of Appeals · 1919
- Castona v. StateAlabama Court of Appeals · 1920
- Little v. StateAlabama Court of Appeals · 1948
- Word v. StateCourt of Criminal Appeals of Alabama · 1982
4 more not listed; retrieve them via the Exa API.