Clarke v. State
Alabama Court of Appeals
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Ida Clark was indicted for murder in the first degree, convicted of manslaughter in the second degree, and appeals. There is a fatal defect in the venire which will work a reversal of the case. — Jackson v. The State, 171 Ala. 5; Mills v. The State, 1 Ala. App. 76; Welch v. The State, 1 Ala. App. 144. The defendant was improperly sentenced for payment of costs. — Bostoell v. The State, 1 Ala.
Read the full summary
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Ida Clark was indicted for murder in the first degree, convicted of manslaughter in the second degree, and appeals. There is a fatal defect in the venire which will work a reversal of the case. — Jackson v. The State, 171 Ala. 5; Mills v. The State, 1 Ala. App. 76; Welch v. The State, 1 Ala. App. 144. The defendant was improperly sentenced for payment of costs. — Bostoell v. The State, 1 Ala. App. 178. There is no evidence in the record to support the motions made by the defendant, and hence, the ruling of the court thereon is…
1Opinion of the Court
de GRAFFENRIED, J.
The appellant was indicted for murder in the first degree. She was tried by a jury, was convicted of manslaughter in the second degree, and appeals.
The record shows that, after the appellant had been arraigned and had pleaded to the indictment, the trial court made an order directing the sheriff to summon 61 persons to constitute the venire from which the jury to try the appellant was to be selected, “being the 25 persons whose names have just been drawn, and the 86 persons drawn and summoned for regular jurors for the second week of court.” The record further shows that,…
2Cases cited8 opinions
- Jackson v. StateSupreme Court of Alabama · 1911
- Mills v. StateAlabama Court of Appeals · 1911
- Reynolds v. StateAlabama Court of Appeals · 1911
- Welch v. StateAlabama Court of Appeals · 1911
- Jobe v. StateAlabama Court of Appeals · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Evans v. StateSupreme Court of Alabama · 1923
- Linggold v. StateAlabama Court of Appeals · 1913