Waller v. State
Supreme Court of Alabama
From the Circuit Court of Dallas. Tried before the Hon. John Moore. The indictment in this case was returned into court on the 27th November, 1866, and charged that “William Waller, a freedman, forcibly ravished Sarah Bose, a freedwoman.”
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From the Circuit Court of Dallas. Tried before the Hon. John Moore. The indictment in this case was returned into court on the 27th November, 1866, and charged that “William Waller, a freedman, forcibly ravished Sarah Bose, a freedwoman.” “ On the trial,” at the same term, as the bill of exceptions states, “while the empanneling of the jury was going on, the name of Joseph Hardie, which was on the copy of the venire served on the prisoner, was drawn from the hat by the sheriff, and was called aloud at the clerk’s desk; but he did not answer. It was conceded that said juror lived in Selma, and…
1Opinion of the CourtByrd, J.
The assignments of error will be disposed of in the order in which they appear upon the record.
1. There is no law, or rule of practice, in this State, which requires that the jurors, summoned to try a person charged with the commission of a felony, shall be called at the door of the court-house, or be sent for, when their names are drawn. The court did not err in its ruling on this question.
2. The juror Pierce, according to the answers given to the questions propounded to him, was properly discharged by the court. — Penal Code, § 630. The more regular course, perhaps, is, for the State’s…
2Cases cited11 opinions
- Brister v. StateSupreme Court of Alabama · 1855
- Lewis v. StateSupreme Court of Alabama · 1860
- Cobia v. StateSupreme Court of Alabama · 1849
- State v. HughesSupreme Court of Alabama · 1841
- People v. PerkinsNew York Supreme Court · 1828
6 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Wilson v. StateSupreme Court of Georgia · 1955
- Myhand v. StateSupreme Court of Alabama · 1953
- Cluverius v. CommonwealthSupreme Court of Virginia · 1886
- Lee v. StateAlabama Court of Appeals · 1943
- Gunter v. StateSupreme Court of Alabama · 1887
41 more not listed; retrieve them via the Exa API.