Whittle v. State
Supreme Court of Alabama
Appeal from Circuit Court, Conecuh County ; John B. Lee, Judge. Dan Whittle was convicted of murder in the first degree, and he appeals. .The record must affirmatively show an order setting- day for trial. 69 Ala. 159; 155 Ala. 39, 46 South. 229; 160 Ala. 1, 49 South. 676. The court erred in overruling the motion to quash the venire. Section'7258, Code 1907; 172 Ala. 418, 55 South. 601; 12 Ala. App. 237, 67 South. 768; '3 Ala.
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Appeal from Circuit Court, Conecuh County ; John B. Lee, Judge. Dan Whittle was convicted of murder in the first degree, and he appeals. .The record must affirmatively show an order setting- day for trial. 69 Ala. 159; 155 Ala. 39, 46 South. 229; 160 Ala. 1, 49 South. 676. The court erred in overruling the motion to quash the venire. Section'7258, Code 1907; 172 Ala. 418, 55 South. 601; 12 Ala. App. 237, 67 South. 768; '3 Ala. App. 7, 57 South. 390; Acts 1909, p. 314 et seq.; 172 Ala. 98, 55 South. 118; 98 Ala. 38, 13 South. . 334; 143 Ala. 13, 39 South. 406; 191 Ala. 1, ¡ 67 South. 9S9.' The…
1Opinion of the CourtThomas, J.
By the verdict of the jury defendant was found guilty of murder in the first degree and the death penalty imposed. Defendant was jointly indicted with another, and there was a" severance as provided by law. Dan Charley v. State, 204 Ala. 687, 87 South. 177.
On first arraignment, May 18, 1920, the order was for a venire to consist of 60 jurors (composed of the regular jurors drawn for the week beginning May 25th and 30 special jurors that were then drawn by the judge in open court from the jury box), and an order was issued commanding the sheriff to summon all persons constituting the venire…
2Cases cited42 opinions
- Jones v. StateSupreme Court of Alabama · 1913
- McPherson v. StateSupreme Court of Alabama · 1916
- Caldwell v. StateSupreme Court of Alabama · 1919
- Smith v. StateSupreme Court of Alabama · 1904
- Hubbard v. StateSupreme Court of Alabama · 1882
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3Cited by35 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Watson v. StateCourt of Criminal Appeals of Alabama · 1980
- Knowles v. BlueSupreme Court of Alabama · 1923
- Oliver v. StateSupreme Court of Alabama · 1936
- Evans v. StateCourt of Criminal Appeals of Alabama · 1976
30 more not listed; retrieve them via the Exa API.