Kenan v. State
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before lion. Samuel II. Sprott. Gilbert Kpnan, the defendant, was indicted and tried for murder, and was convicted of murder in the first degree, and sentenced to imprisonment in the penitentiary for life. When the cause was called for trial, the defendant moved to quash the venire, but the court overruled the motion, and the defendant excepted.
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Appeal from Jefferson Circuit Court. Tried before lion. Samuel II. Sprott. Gilbert Kpnan, the defendant, was indicted and tried for murder, and was convicted of murder in the first degree, and sentenced to imprisonment in the penitentiary for life. When the cause was called for trial, the defendant moved to quash the venire, but the court overruled the motion, and the defendant excepted. It appears' from the evidence'introduced on the hearing of the motion, that neither the list of jurors summoned to try the defendant, nor the copy thereof left with him was entitled in any cause, but the…
1Opinion of the CourtBrickell, C. J.
— When a person is indicted, fpr an offense which may be punished capitally, ■ if he is in actual confinement, it is the duty of the sheriff to make and serve upon ■ him a list of the jurors summoned for his trial, at least one entire day before the day appointed for trial. — Code of 1876, § 4872. The making of the list is clerical, and its service, executive or ministerial. If errors occur while the proceedings are in fieri, under the control of the court, they may be corrected •by amendment under the order of the court. — Gray v. State, 55 Ala. 86. The court very propérly directed the…
2Cases cited1 opinion
- Gray v. StateSupreme Court of Alabama · 1876
3Cited by4 opinions
- Henderson v. StateSupreme Court of Alabama · 1893
- Ferguson v. StateAlabama Court of Appeals · 1931
- Bank of Florala v. SmithAlabama Court of Appeals · 1914
- Ferguson v. StateAlabama Court of Appeals · 1931