Sparks v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. JOHN HENDERSON. At the spring term, 1875, of the Circuit Gourfc of Talladega county, the defendant was indicted for keeping a disorderly house. To this charge the defendant pleaded not guilty. When the case was called and was ready for trial, the court directed it to be tried by one of the panels of regular jurors, that had been impanelled and sworn to serve for the week.
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Appeal from the Circuit Court of Talladega. Tried before the Hon. JOHN HENDERSON. At the spring term, 1875, of the Circuit Gourfc of Talladega county, the defendant was indicted for keeping a disorderly house. To this charge the defendant pleaded not guilty. When the case was called and was ready for trial, the court directed it to be tried by one of the panels of regular jurors, that had been impanelled and sworn to serve for the week. In the jury-box was seated a juror named Benjamin W. Nunis. The court asked the solicitor if he was satisfied with the jury? He replied, “ he was.” The…
1Opinion of the Court
Per CURIAM.—
1. A motion in arrest of judgment must' be founded on matter appearing of record. Because of matter extrinsic, it is not granted.— Williamson v. Br. Bank Montgomery, 3 Ala. 504. Errors which the court may commit in the progress of the trial, in the admission or rejection of' evidence, or in instructions given or refused, or in reference to any matter, which is not necessarily shown by the record,, may be the matter of an exception, or ground of a motion, for a new trial, but not of a motion in arrest of judgment. We pass over all the grounds assigned for the arrest of judgment,…
2Cases cited3 opinions
- Wooster v. StateSupreme Court of Alabama · 1876
- Smith v. CommonwealthCourt of Appeals of Kentucky · 1845
- Williamson v. Branch Bank at MontgomerySupreme Court of Alabama · 1842
3Cited by36 opinions
- Hubbard v. StateSupreme Court of Alabama · 1882
- Walker v. StateSupreme Court of Alabama · 1890
- Roberts v. StateSupreme Court of Alabama · 1881
- State v. MarshallSupreme Court of Iowa · 1898
- Brandes v. StateAlabama Court of Appeals · 1920
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