Legal Opinion

Rector v. State

Alabama Court of Appeals

Decided December 17, 1914PublishedCited by 42 opinions

Appeal from Lamar Circuit Court. Heard before Hon. Bernard Harwood. Jim Rector was convicted of manslaughter, and he appeals. Defendant was indicted for unlawfully and with malice aforethought killing Jim Wright by cutting him with a knife, but without premeditation or deliberation.

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Appeal from Lamar Circuit Court. Heard before Hon. Bernard Harwood. Jim Rector was convicted of manslaughter, and he appeals. Defendant was indicted for unlawfully and with malice aforethought killing Jim Wright by cutting him with a knife, but without premeditation or deliberation. Motion was made to quash the indictment on various grounds, among them being that the grand jurors who were impaneled and who returned said true bill against this defendant, according to the records of this court, did not constitute, nor were they properly drawn as, grand jurors as required by law in such case,…

1Opinion of the CourtBrown, J.

The law (Acts Sp. Sess. 1909, pp. 305-320) imposes upon the jury commissioners of the county the duty of preparing a jury roll, which must contain the name of every male citizen of the county, not specifically exempt, possessing the prescribed qualifications requisite to jury service. The statute provides for a clerk, and contemplates that he shall perform the clerical labors of the commission, keep its records, and certify to their contents.

“To the end that every male citizen possessing the prescribed qualifications and not exempt may be enrolled, and none other, the commission may summon…

2Cases cited19 opinions

  1. City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
  2. Johnson v. StateSupreme Court of Alabama · 1893
  3. Way v. StateSupreme Court of Alabama · 1908
  4. Lewis v. StateSupreme Court of Alabama · 1892
  5. Dennis v. StateSupreme Court of Alabama · 1895

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

3Cited by42 opinions

  1. Cumbo v. StateCourt of Criminal Appeals of Alabama · 1978
  2. Blue v. StateSupreme Court of Alabama · 1944
  3. Gwin v. StateCourt of Criminal Appeals of Alabama · 1982
  4. Brewer v. StateCourt of Criminal Appeals of Alabama · 1983
  5. Thigpen v. StateCourt of Criminal Appeals of Alabama · 1972

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

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