McElroy v. State
Supreme Court of Alabama
Appeal from City Court of Selma. Tried before ETon JoN. HaRALSON. James McElroy, defendant in the court below, appellant here, was indicted for the murder of Mary McElroy, his wife, by striking or cutting her with an ax; and on the trial he was convicted of murder in the first degree, and sentenced to death by hanging. ■ On the day set for the trial, and before the trial was begun, the defendant moved the court to quash the venire, on the ground, in substance, that among the…
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Appeal from City Court of Selma. Tried before ETon JoN. HaRALSON. James McElroy, defendant in the court below, appellant here, was indicted for the murder of Mary McElroy, his wife, by striking or cutting her with an ax; and on the trial he was convicted of murder in the first degree, and sentenced to death by hanging. ■ On the day set for the trial, and before the trial was begun, the defendant moved the court to quash the venire, on the ground, in substance, that among the number of jurors drawn and ordered to be summoned for the tidal, was one Sneed Mays, “who had not been summoned by the…
1Opinion of the Court
SOMERVILLE, L
The court, in our judgment, committed no error in overruling the motion made by the defendant to quash the venire. The ground of this motion was the failure of the sheriff to find one of the jurors whose name was > on the list of those drawn by the court and ordered to be summoned, in accordance with the provisions of the special law regulating the drawing and impanelling of grand and petit juries in the county of Dallas. — Acts 1882-83, pp. 273-278, 446.
It is one of the provisions of this law that where any person stands indicted in the city or circuit court of Dallas county for…
2Cases cited4 opinions
- Redd v. StateSupreme Court of Alabama · 1881
- Aaron v. StateSupreme Court of Alabama · 1861
- Young v. StateSupreme Court of Alabama · 1881
- Meinaka v. StateSupreme Court of Alabama · 1876
3Cited by18 opinions
- Phillips v. StateSupreme Court of Alabama · 1946
- Daughdrill v. StateSupreme Court of Alabama · 1896
- Brooks v. StateSupreme Court of Alabama · 1947
- Fitzhugh v. StateAlabama Court of Appeals · 1949
- Raymond v. StateSupreme Court of Alabama · 1908
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