Simmons v. State
Supreme Court of Alabama
Appeal from tlie Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbiio. The appellant, Joseph Simmons, was indicted and tried for the murder of Houston Webb, was convicted of murder in the second degree, and sentenced to the penitentiary for a term of twenty years. The regular juries as organized" for that week were composed of twenty-four persons.
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Appeal from tlie Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbiio. The appellant, Joseph Simmons, was indicted and tried for the murder of Houston Webb, was convicted of murder in the second degree, and sentenced to the penitentiary for a term of twenty years. The regular juries as organized" for that week were composed of twenty-four persons. On Monday of ¡the second week the defendant was arraigned, pleaded not guilty, and the court fixed Thursday of said week as the day for the trial of the defendant, and ordered that twenty-fire names be drawn from the jury box as special…
1Opinion of the CourtDowdell, J.
The special- venire from which the .jury was selected for the trial of the defendant was drawn and organized in accordance with sections 5004-5005 of the -Code of 1896, and the court,' therefore, prop■erly overruled the motion to quash the ' venire. Because several of the jurors of the regular panel, which constituted a paid of the special venire, were, at the time of the defendant’s case was called for trial, engaged in the trial of another case, upon which they had retired to the jury room for the purpose of deliberation and making a verdict, constituted no good reason for delay in entering…
2Cases cited2 opinions
- Reid v. StateSupreme Court of Alabama · 1875
- Chamblee v. StateSupreme Court of Alabama · 1885
3Cited by12 opinions
- Curry v. StateSupreme Court of Alabama · 1919
- Gwin v. StateCourt of Criminal Appeals of Alabama · 1984
- Williams v. StateCourt of Criminal Appeals of Alabama · 1987
- Clark v. StateSupreme Court of Alabama · 1940
- Town of Athens v. MillerSupreme Court of Alabama · 1914
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