Legal Opinion

Murphy v. State

Supreme Court of Alabama

Decided January 15, 1861PublishedCited by 23 opinions

FROM the Circuit '’Court of' Montgomery.-- Tried before the-Horn-JáMes B. -Martin. • Tiie prisoner ill this'case, Patrick Murphy, was indicted^ for the murder of Hugh Keys, and pleaded not guilty to"-the indictment. “ On the trial,?-' as the bill of exceptions* states, “the court asked juror,' regularly summoned, whether be- had a fixed opinion -against capital or penitentiary punishment.

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FROM the Circuit '’Court of' Montgomery.-- Tried before the-Horn-JáMes B. -Martin. • Tiie prisoner ill this'case, Patrick Murphy, was indicted^ for the murder of Hugh Keys, and pleaded not guilty to"-the indictment. “ On the trial,?-' as the bill of exceptions* states, “the court asked juror,' regularly summoned, whether be- had a fixed opinion -against capital or penitentiary punishment. The attorney-general thereupon said that lie would waive the challenge for cause on behalf of the State. "The prisoner insisted,by his counsel, that tbe juror was incompetent for cause, and that the State…

1Opinion of the CourtA. J. Walker, C. J.

By section 3585 of the Code it is provided; that, in' all trials for a capital or penitentiary offense, it is a good challenge for cause by the State, that-'the juror has a fixed opinion against cap-ital or penitentiary punishments. The statute makes the - specified cause a ground of- challenge by the State, but it cannot, without the most glaring perversion of its meaning,-, be understood as making it a ground of challenge by the Prisoner, or as.imposing upon the court the duty, ex mero moiu, of setting- aside a juror for the cause mentioned.The State mayt or-may. not; at its election,…

2Cited by23 opinions

  1. Eiland v. StateSupreme Court of Alabama · 1875
  2. State v. PartlowSupreme Court of Missouri · 1886
  3. Brown v. StateSupreme Court of Alabama · 1895
  4. Spicer v. StateSupreme Court of Alabama · 1914
  5. Roberts v. StateSupreme Court of Alabama · 1880

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