Legal Opinion

Kemp v. State

Supreme Court of Alabama

Decided November 15, 1889PublishedCited by 21 opinions

From the Circuit Court of Sumter. Tried before the Hon. Sam. H. Sprott. The indictment in this case was found at the April term, 1889, and contained two counts; the first charging the defendant, Jeff. Kemp, a freedman, with the larceny of one hog, the personal property of Tom White; and the second, with the larceny of two hogs.

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From the Circuit Court of Sumter. Tried before the Hon. Sam. H. Sprott. The indictment in this case was found at the April term, 1889, and contained two counts; the first charging the defendant, Jeff. Kemp, a freedman, with the larceny of one hog, the personal property of Tom White; and the second, with the larceny of two hogs. The judgment-entry on the organization of the court, at that term, contains a recital in these words: “It appearing to the court that the Board of Jury Commissioners have failed to draw grand and petit jurors to serve at the present term of the court, the sheriff is…

1Opinion of the CourtMcCLELLAN, J.

By section 17 of an act “To more effectually secure competent and well qualified jurors in the several counties of this State”' — -Acts 1886-7, pp. 151 to 158 — all laws then in force in relation to jurors, their drawing, selecting or qualification, not in conflict with the provisions of the act, are continued in full force and effect. The act contains no provision for the organization of juries, in the event the officers charged with the duty of drawing and selection, should fail to perform it, and hence no juries be provided for any term of the Circuit Court; nor does it contain any…

2Cases cited8 opinions

  1. Smith v. StateSupreme Court of Alabama · 1846
  2. Tabler, Crudup & Co. v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1888
  3. Griffin v. StateSupreme Court of Alabama · 1884
  4. Paden & Co. v. Bellenger & RallsSupreme Court of Alabama · 1888
  5. Croom v. StateSupreme Court of Alabama · 1881

3 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Pope v. StateSupreme Court of Alabama · 1911
  2. Evans v. StateSupreme Court of Alabama · 1895
  3. George v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
  4. Milam v. StateSupreme Court of Alabama · 1940
  5. McIntosh v. StateNebraska Supreme Court · 1920

16 more not listed; retrieve them via the Exa API.

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