Underwood v. State
Supreme Court of Alabama
Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. Llewellen Underwood was convicted of murder and he appeals.
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Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. Llewellen Underwood was convicted of murder and he appeals. The motion to quash should have been granted, as it appears without dispute that the venire, etc., was not served upon defendant himself. — 'Welch v. State, 56 South. 11; Sec. 82, Acts 1909, 305. Although the defendant might, as a matter of right, have required the venife to be quashed because not served on him, yet by failing to enter the motion until after he announced ready for trial, he waived the defect.- — Thomas v. State, 94 Ala. 74; Williams v. State, 81 Ala. 1;…
1Opinion of the CourtMcCLELLAN, J.
Under the Jury Law of 1909 (Acts Sp. Sess. 1909, p. 305, § 32), the service of a special venire must be upon the defendant himself. — Welsh v. State, 1 Ala. App. 144, 56 South. 11. The defendant was indicted September 19, 1911. On September 22, 1911, the defendant was arraigned upon the indictment, and pleaded not guilty, and his trial was set for September *1929, 1911, and, being unable to employ counsel, two learned practitioners were appointed to defend him. A special venire was constituted to try the defendant; but its service was had, on September 23, 1911, upon the defendant’s counsel, and…
2Cases cited1 opinion
- Welch v. StateAlabama Court of Appeals · 1911
3Cited by1 opinion
- Shaffer v. StateSupreme Court of Alabama · 1918