Smith v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Will Smith was convicted of robbery, and he appeals.
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Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Will Smith was convicted of robbery, and he appeals. The indictment was as follows, omitting the formal charging part: “Will Smith feloniously took one twenty-five cent piece, of the silver coin of the United States of America, and sixty-five cents, lawful money of the United States of America., a particular description of which said sixty-five cents is to the grand jury unknown, the property of Julius Brown, from his person and against his will, by violence to his person or by putting him in such fear as unwillingly to…
1Opinion of the CourtWalker, P. J.
The trial court, by its order for a special jury in this case, named 70 as the number to constitute the special venire; and the order proceeds: “And it further appearing that 40 persons had been drawn on the regular juries for said week, the court therupon in open court drew from the jury box as directed by law 30 names, being the number required with the regular jurors for said week to malee the number named in the said order.” The record, however, shows that 50 names — not 40 as stated in the order — were drawn for the regular juries for that week, and that 48 persons named in the venire…
2Cases cited1 opinion
- Jackson v. StateSupreme Court of Alabama · 1911
3Cited by2 opinions
- Rudolph v. StateSupreme Court of Alabama · 1911
- Clarke v. StateAlabama Court of Appeals · 1912