O'Rear v. State
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. William O’Rear was tried for murder in the first degree, convicted of murder in the second degree, and he appeals. Of the 89 special veniremen who answered at the trial 4 were excused for cause shown, and the remaining 85 being held competent jurors, were placed on a list a copy of which was duly served on defendant.
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. William O’Rear was tried for murder in the first degree, convicted of murder in the second degree, and he appeals. Of the 89 special veniremen who answered at the trial 4 were excused for cause shown, and the remaining 85 being held competent jurors, were placed on a list a copy of which was duly served on defendant. Thereafter the court allowed the state, over the seasonable objection of defendant, to challenge 4 of the veniremen thus listed because of their disbelief in capital punishment, or of conviction on circumstantial…
1Opinion of the CourtSomerville, J.
While the new jury law supersedes all former laws regulating the organization of juries (Special Sess. Acts 1909, p. 305, § 32), and prescribes certain qualifications for the persons whose names are to be placed on the jury roll and in the jury box (section 11), nevertheless, it does not undertake to declare avIlo are competent persons for the trial of particular cases, and does not, in this respect, change preexisting law.
A person who will not inflict the death penalty upon any evidence, or upon circumstantial evidence alone, is not a competent and qualified juror in a first degree *75murder…
2Cases cited5 opinions
- Bluett v. StateSupreme Court of Alabama · 1907
- Griffin v. StateSupreme Court of Alabama · 1891
- Jackson v. StateSupreme Court of Alabama · 1884
- Bluitt v. StateSupreme Court of Alabama · 1909
- Dolan v. StateSupreme Court of Alabama · 1886
3Cited by38 opinions
- Knight v. StateSupreme Court of Alabama · 1962
- Maund v. StateSupreme Court of Alabama · 1950
- Taylor v. StateSupreme Court of Alabama · 1947
- Beasley v. StateAlabama Court of Appeals · 1957
- Hudson v. StateSupreme Court of Alabama · 1928
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