Todd v. State
Supreme Court of Alabama
From the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Greene. The indictment in this case was returned into court on the 11th .October, 1887, and charged that the defendant, Jesse Todd, “did carnally know, or abuse in the attempt to carnally know,” a female child under the age of ten years.
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From the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Greene. The indictment in this case was returned into court on the 11th .October, 1887, and charged that the defendant, Jesse Todd, “did carnally know, or abuse in the attempt to carnally know,” a female child under the age of ten years. On the trial, as the bill of exceptions shows, the court refused to allow the defendant more than twelve peremptory challenges; to which ruling he duly excepted, and also made a motion in arrest of judgment.
1Opinion of the CourtStone, C. J.
The trial and conviction in the present case were had in May, 1888, after the Code of 1886 became operative. Under that Code, § 4330, “the defendant is entitled to twenty-one peremptory challenges [of jurors], when on trial for a capital offense.” The present defendant was on trial for a capital offense, and the Criminal Court, against his objection, restricted him to twelve peremptory challenges. This is the only question presented by the present record.
The argument in favor of the ruling of the trial court is as follows: Under the statute, known as the “Jury law,” approved February 17, 1885…
2Cases cited2 opinions
- Rogers v. TorbutSupreme Court of Alabama · 1877
- Stewart v. Court of County CommissionersSupreme Court of Alabama · 1886
3Cited by1 opinion
- Clarke v. StateSupreme Court of Alabama · 1888