Thomas v. State
Supreme Court of Alabama
Appeal from Mobile City Court. Heard before Hon. O. J.’ Sem'mes. Andrew Tliomas Aims convicted of murder, and he appeals. The defendant was indicted for the muuler of Harriet Thomas, by shooting her Avith a pistol.
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Appeal from Mobile City Court. Heard before Hon. O. J.’ Sem'mes. Andrew Tliomas Aims convicted of murder, and he appeals. The defendant was indicted for the muuler of Harriet Thomas, by shooting her Avith a pistol. In impaneling the jury one Owen Avas called to he qualified on his voir dire, and, upon being ashed if he had a fixed opinion that Avould bias his verdict, said that he had, and volunteered the statement that his opinion liad been gathered from the newspaper accounts which he had read, and which opinion the talesman thought Avould bias his verdict. “The Court: That is not the…
1Opinion of the CourtDenson, J.
The defendant' was indicted, tried and convicted of murder in the first degree; the subject of the homicide being his wife.
Unless the opinion of a venireman is of that fixed and definite' character as will bias his verdict, a challenge for cause on account of fixed opinion will not lie. Under the rule in this respect, as declared in the cases of Long v. State, 86 Ala. 32, 54 South. 443, and Jarris v. State, 138 Ala. 17, 34 South. 1025, the venireman Gayle Owen was not- subject to challenge for cause.—Williams’ Case, 3 Stew. 454; Morea’s Case, 2 Ala. 275; Frazier v. State, 23 Ohio St. 551;…
2Cases cited48 opinions
- Hopt v. UtahSupreme Court of the United States · 1887
- Hawes v. StateSupreme Court of Alabama · 1889
- Miller v. StateSupreme Court of Alabama · 1894
- Hale v. StateSupreme Court of Alabama · 1898
- State v. CarnagySupreme Court of Iowa · 1898
43 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Fuller v. StateSupreme Court of Alabama · 1959
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Peterson v. StateSupreme Court of Alabama · 1933
- Barbour v. StateSupreme Court of Alabama · 1954
- Montgomery v. StateAlabama Court of Appeals · 1920
23 more not listed; retrieve them via the Exa API.