Carmack v. State
Supreme Court of Alabama
Appeal from Lee Law and Equity Court. Heard before Hon. Lum Duke. Homer Carmack was convicted of murder, and he appeals. The record shows that defendant moved to quash the venire on the ground that the number of jurors summoned for his trial was less than the number fixed by the court for the venire, and less than 75 persons, and on other grounds not necessary to be here set out.
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Appeal from Lee Law and Equity Court. Heard before Hon. Lum Duke. Homer Carmack was convicted of murder, and he appeals. The record shows that defendant moved to quash the venire on the ground that the number of jurors summoned for his trial was less than the number fixed by the court for the venire, and less than 75 persons, and on other grounds not necessary to be here set out. The court overruled the motion, and defendant objected to being put to trial on the ground that less than the required number of jurors has been summoned.
1Per curiam
It appears that the special venire to try this case was fixed at 75, to be composed of the regular jurors for the week, together with 18 special jurors drawn by the court. It also appears that the trial court, upon the organization of the regular juries for the week, excused 26 jurors who were upon the venire to try this case, and made no order requiring them to be resummoned for the trial of this defendant, as provided by the act of 1909 (page 317.)—Waldrop v. State, 185 Ala. 20, 61 South. 80. It thus appears that by excusing these 26 jurors, and in not ordering them summoned to try this…
2Cases cited3 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Waldrop v. StateSupreme Court of Alabama · 1913
- Tennison v. StateSupreme Court of Alabama · 1914
3Cited by14 opinions
- Spooney v. StateSupreme Court of Alabama · 1928
- Stinson v. StateSupreme Court of Alabama · 1931
- Whittle v. StateSupreme Court of Alabama · 1921
- Evans v. StateSupreme Court of Alabama · 1923
- Stewart v. StateAlabama Court of Appeals · 1921
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