Legal Opinion

Reynolds v. State

Alabama Court of Appeals

Decided June 30, 1911PublishedCited by 10 opinions

Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. W. Pi Reynolds was convicted of murder in tbe second degree and be appeals.

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Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. W. Pi Reynolds was convicted of murder in tbe second degree and be appeals. Tbe discharge of tbe jury in tbe second trial, without consent of tbe defendant was unauthorized, and was good as a plea of former jeopardy. — -Ned v. The State, 7 Port. 187; Cotia v. The State, 16 Ala. 781; McAuley v. The State, 26 Ala. 139; Vincent v. The State, 43 Ala. 402; Bell v. The State, 44 Ala. 393; Grogan v. The State, 44 Ala. 1; Poster v. The State, 88 Ala. 182; Johns v. The State, 97 Ala. 77. (Counsel cite a number of cases from other…

1Opinion of the CourtPelham, J.

The present appeal is from a judgment of conviction of murder in the second degree rendered on the trial of the defendant had on an indictment charging murder. The first trial resulted in a conviction of murder in the second degree, which was set aside, on motion of the defendant, on the ground of being tried before an illegal jury; the special jury law for the trial of capital cases in Jefferson county (Acts 1907, p. 238), under the provisions of which the jury to try defendant was selected on his first trial, being unconstitutional, and so declared in Crain v. State, 166 Ala. 1, 52 South.…

2Cases cited18 opinions

  1. Sparrenberger v. StateSupreme Court of Alabama · 1875
  2. Cobia v. StateSupreme Court of Alabama · 1849
  3. Nordan v. StateSupreme Court of Alabama · 1904
  4. Christian v. StateSupreme Court of Alabama · 1911
  5. Crain v. StateSupreme Court of Alabama · 1910

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3Cited by10 opinions

  1. Thomas v. StateSupreme Court of Alabama · 1951
  2. Mullins v. StateAlabama Court of Appeals · 1930
  3. Corbett v. StateAlabama Court of Appeals · 1956
  4. McCart v. StateCourt of Criminal Appeals of Alabama · 1973
  5. McMillan v. StateAlabama Court of Appeals · 1917

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