Legal Opinion

Waldrop v. State

Supreme Court of Alabama

Decided June 30, 1913PublishedCited by 21 opinions

Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Alexander Waldrop was convicted of killing his wife and given the death penalty, and he appeals. The minutes of the court show the following: Comes the state by its solicitor, and defendant in his own proper person and by attorney, and said defendant being duly arraigned upon said indictment, for his plea thereto says not guilty.

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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Alexander Waldrop was convicted of killing his wife and given the death penalty, and he appeals. The minutes of the court show the following: Comes the state by its solicitor, and defendant in his own proper person and by attorney, and said defendant being duly arraigned upon said indictment, for his plea thereto says not guilty. It is therefore ordered by the court that Monday the 28th day of October, 1912, be and the same is hereby fixed as the day for the trial of this case. And thereupon in open court the court drew…

1Opinion of the CourtSomerville, J.

It has been several times ruled by this court that section 32 of the New Jury Law (Sess. Acts 1909, p. 319) is mandatory in its requirement that, in capital cases, the tidal court shall fix the number of the special venire, and that the defendant shall have the benefit of the number so fixed for the selection of his trial jury. — Jackson v. State, 171 Ala. 38, 55 South. 118; Bailey v. State, 172 Ala. 418, 55 South. 601; Andrews v. State, 174 Ala. 11, 56 South. 998.

It is insisted for appellant (1) that the record fails to show that any order was made fixing the number of the venire, and (2)…

2Cases cited9 opinions

  1. Howard v. StateSupreme Court of Alabama · 1895
  2. Andrews v. StateSupreme Court of Alabama · 1911
  3. Brown v. StateSupreme Court of Alabama · 1904
  4. Chatham v. StateSupreme Court of Alabama · 1890
  5. Jackson v. StateSupreme Court of Alabama · 1911

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

3Cited by21 opinions

  1. Edwards v. StateSupreme Court of Alabama · 1920
  2. Spooney v. StateSupreme Court of Alabama · 1928
  3. Whittle v. StateSupreme Court of Alabama · 1921
  4. Charley v. StateSupreme Court of Alabama · 1920
  5. Green v. StateCourt of Criminal Appeals of Alabama · 1977

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

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