Garner v. State
Supreme Court of Alabama
Appeal from Circuit Court, Shelby County ; B. J. Garrison, Judge. Sallie Garner was convicted of murder and she appeals. The pleas in abatement and motion to quash venire should have been sustained. 204 Ala. 232, 85 South. 698; 178 Ala. 412, 59 South. 594. The jury was not properly sworn and should have been discharged. Acts 1909, p. 319; 122 Miss. 19, 84 South. 161; 80 Tex. Cr.
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Appeal from Circuit Court, Shelby County ; B. J. Garrison, Judge. Sallie Garner was convicted of murder and she appeals. The pleas in abatement and motion to quash venire should have been sustained. 204 Ala. 232, 85 South. 698; 178 Ala. 412, 59 South. 594. The jury was not properly sworn and should have been discharged. Acts 1909, p. 319; 122 Miss. 19, 84 South. 161; 80 Tex. Cr. R. 588, 192 S. W. 770, L. R. A. 1917D, 391; 128 Ala. 6, 29 South. 614. The court properly sustained demurrers to the plea in abatement and in quashing the motion. Acts 1909, pp. 315-317. The cases referred to by…
1Opinion of the CourtGardner, J.
Appellant was convicted of murder in the first degree, and her punishment fixed at life imprisonment. By way of pleas in abatement and motion to quash the venire, both regular and special, the defendant presents the question as to whether or not illegality or irregularity on the part of the jury commissioners as to the jury box for that county can be set up, to the end of establishing the irregularity of the grand jury, and the consequent invalidity of the indictment, as well, also, the general and special venire.
[1] These pleas and the motion to quash set up in substance that the jury…
2Cases cited3 opinions
- Miller v. StateMississippi Supreme Court · 1920
- Reeves v. StateAlabama Court of Appeals · 1921
- State Ex Rel. Denson v. MillerSupreme Court of Alabama · 1920
3Cited by18 opinions
- Burns v. StateSupreme Court of Alabama · 1944
- Whitehead v. StateSupreme Court of Alabama · 1921
- Welch v. StateAlabama Court of Appeals · 1938
- Wimbush v. StateSupreme Court of Alabama · 1939
- United States v. Arvil Sutton HopkinsCourt of Appeals for the Fifth Circuit · 1972
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