Legal Opinion

Cross v. State

Supreme Court of Alabama

Decided December 15, 1879PublishedCited by 25 opinions

From tbe Circuit Court of Hale. Tried before tbe Hon. Geo. H. Craig. Tbe prisoner in tbis case was indicted 'for an assault on Enoch Jemison witb a knife, with intent to murder bim. No objection was raised to tbe indictment, so far as tbe record discloses, either by plea in abatement, demurrer, or motion in arrest of judgment; and tbe trial was bad on issue joined on tbe plea of not guilty.

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From tbe Circuit Court of Hale. Tried before tbe Hon. Geo. H. Craig. Tbe prisoner in tbis case was indicted 'for an assault on Enoch Jemison witb a knife, with intent to murder bim. No objection was raised to tbe indictment, so far as tbe record discloses, either by plea in abatement, demurrer, or motion in arrest of judgment; and tbe trial was bad on issue joined on tbe plea of not guilty. Tbe record shows, however, that tbe grand jurors, by whom the indictment was found, were drawn and selected from tbe list of registered voters of the county, instead of tbe list of householders and…

1Opinion of the Court

STONE, J. —

The rules for the formation of grand and petit juries in this State, are prescribed in chapter. 7, title 3, part 5, commencing with section 4732, of the Code of 1876. That section makes it the duty of' the sheriff to obtain biennially a list of all the householders and freeholders residing in his county, from which list must be selected the names of such persons as may be thought competent to discharge the duties of grand and petit jurors. Section 4733 declares, that the sheriff, judge of probate, and clerk of the Circuit or City Court, or any two of them, shall select from said…

2Cases cited7 opinions

  1. Mitchell v. StateSupreme Court of Alabama · 1877
  2. Finley v. StateSupreme Court of Alabama · 1878
  3. O'Byrnes v. StateSupreme Court of Alabama · 1874
  4. State v. BrooksSupreme Court of Alabama · 1846
  5. Judge v. StateSupreme Court of Alabama · 1877

2 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Storey v. StateSupreme Court of Alabama · 1882
  2. DeArman v. StateSupreme Court of Alabama · 1882
  3. Ford v. StateSupreme Court of Alabama · 1882
  4. State v. WetzelWest Virginia Supreme Court · 1914
  5. McKee v. StateSupreme Court of Alabama · 1886

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