Blevins v. State
Supreme Court of Alabama
Appeal from Selma City Court. Tried before Hon. Jon. HaRáLson. This was an indictment for murder. When the case was called for the purpose of setting a day for the trial thereof, and summoning a jury for the same, the defendant moved to . quash the indictment, on the following grounds: 1st. That one Tilomas W. Clark, at the request of the solicitor, went into the grand jury room while the accusation against defendant was being investigated; remained with the jury during such…
Read the full summary
Appeal from Selma City Court. Tried before Hon. Jon. HaRáLson. This was an indictment for murder. When the case was called for the purpose of setting a day for the trial thereof, and summoning a jury for the same, the defendant moved to . quash the indictment, on the following grounds: 1st. That one Tilomas W. Clark, at the request of the solicitor, went into the grand jury room while the accusation against defendant was being investigated; remained with the jury during such investigation, and to the time when the jury voted the finding of the indictment, and took part iu the investigation,…
1Opinion of the CourtBbigkell, C. J.
1. It was the province of the court, under the statute (Code of 1876, § 4874), to determine the number of persons who should be summoned in addition to *94the jurors regulárly summoned, from whom a jury would be selected for the trial of the appellant. The power of the court-is limited — not less than fifty, nor more than one hundred persons, including the regular jurors, maybe ordered to be summoned. Within this limit, it is in the discretion of the court to order the summoning of any number which will, answer the purposes of a fair administration of justice. Williams v. State, 48 Ala. 85. It…
2Cases cited1 opinion
- Williams v. StateSupreme Court of Alabama · 1872
3Cited by17 opinions
- Hubbard v. StateSupreme Court of Alabama · 1882
- Lucas v. StateSupreme Court of Alabama · 1905
- State v. TylerSupreme Court of Iowa · 1904
- People v. HartenbowerIllinois Supreme Court · 1918
- Cross v. StateSupreme Court of Alabama · 1885
12 more not listed; retrieve them via the Exa API.