Coleman v. State
Alabama Court of Appeals
Appeal from Circuit Court, Perry County; B. M. Miller, Judge. Earnest Coleman was convicted of murder in the second degree, and he appeals. The provisions of the jury law are mandatory, and, not having been complied with in this case, the conviction is unlawful. 171 Ala. 603, 55 South. 120; 172 Ala. 418, 55 South. 601; 172 Ala. 413, 55 South. 609; 185 Ala. 20, 64 South. 80; 16 Ala.
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Appeal from Circuit Court, Perry County; B. M. Miller, Judge. Earnest Coleman was convicted of murder in the second degree, and he appeals. The provisions of the jury law are mandatory, and, not having been complied with in this case, the conviction is unlawful. 171 Ala. 603, 55 South. 120; 172 Ala. 418, 55 South. 601; 172 Ala. 413, 55 South. 609; 185 Ala. 20, 64 South. 80; 16 Ala. App. 303, 77 South. 453. This case is brought directly under the •ruling laid down in Jackson v. State, 171 Ala. 38, 55 South. 118, and Malone v. State, 16 Ala. App. 646, 81 South. 138.
1Opinion of the CourtBricken, P. J.
The defendant was indicted for the offense of murder in the first degree. He was tried aiffi convicted of the offense of murder in the second degree; the term of his punishment being fixed by the jury at imprisonment in the penitentiary for 20 years.
[1] On this appeal the only question presented is whether the court erred in its rulings relative to the venire to try the case. It is shown by the record that the trial judge fixed the number of jurors at 60 to constitute the venire to try this case, that this order was made and entered on September 17, 1919, and that at the time this order was.…
2Cases cited2 opinions
- Harris v. StateSupreme Court of Alabama · 1911
- Linggold v. StateAlabama Court of Appeals · 1913
3Cited by1 opinion
- Evans v. StateSupreme Court of Alabama · 1923