Riley v. State
Supreme Court of Alabama
From tbe Circuit Court of Butler. Tried before the Hon. John P. Hubbard. Tbe defendant in this case, Shepherd Biley, was indicted for burglary in breaking and entering tbe dwelling-house of Hugh Blade, with the intent to commit a felony; was convicted, and sentenced to tbe penitentiary for the term of five years.
Read the full summary
From tbe Circuit Court of Butler. Tried before the Hon. John P. Hubbard. Tbe defendant in this case, Shepherd Biley, was indicted for burglary in breaking and entering tbe dwelling-house of Hugh Blade, with the intent to commit a felony; was convicted, and sentenced to tbe penitentiary for the term of five years. On the trial, as the bill of exceptions states, when tbe regular jury was called, one of the jurors being challenged and excused, the sheriff summoned one Grant as a talesman, who, “as he came around into the box, said something to the sheriff in a low tone of voice, which was not…
1Opinion of the CourtStone, C. J.
The fact of excusing the juror Grant from serving on the jury, without requiring him to be sworn to the truth of his excuse, is not available to defendant, unless he had objected on that ground in the court below. We can net know that the presiding judge did not himself dis*196cover that the juror appeared to be sick. Moreover, when an objection is made in a trial court, which does not in its very nature disclose the ground on which it is rested, candor and fair dealing alike require that the ground be stated. This course of 'practice will relieve judges of the imputation of appearing to decide…
2Cases cited1 opinion
- Wallis v. RheaSupreme Court of Alabama · 1846
3Cited by28 opinions
- McDowell v. StateSupreme Court of Alabama · 1939
- Stephens v. StateSupreme Court of Alabama · 1947
- Pope v. StateSupreme Court of Alabama · 1911
- Alaga Coach Line, Inc. v. McCarrollSupreme Court of Alabama · 1933
- Hodge v. StateSupreme Court of Alabama · 1892
23 more not listed; retrieve them via the Exa API.