Mayo v. State
Alabama Court of Appeals
Appeal from Baldwin Circuit Court. Heard before Hon. A. E. GAMBLE. Millard Mayo, alias, was convicted of a capital felony under § 7699, Code 1907, and he appeals.
1Opinion of the CourtEyans, J.
Appellant was prosecuted for a capital felony under Code, § 7699. The record shows that the trial court made an order fixing the venire at 65 persons, pursuant to section 32, Acts 1909, pp. 318, 319. Forty-five persons were drawn and summoned for the regular juries of the week, thus necessitating the drawing of 20 additional persons by way of complement to satisfy the requirements of the court order. The trial judge drew only 5 persons, thus putting the defendant upon a venire of 50, instead of 65, as fixed by the order of court.
(1, 2) It has been several times held that section 32 of the…
2Cases cited15 opinions
- Harris v. StateSupreme Court of Alabama · 1892
- Burton v. StateSupreme Court of Alabama · 1896
- Mitchell v. StateSupreme Court of Alabama · 1891
- Maddox v. StateSupreme Court of Alabama · 1909
- Andrews v. StateSupreme Court of Alabama · 1911
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3Cited by4 opinions
- Hayes v. StateCourt of Criminal Appeals of Alabama · 1980
- Thornton v. StateSupreme Court of Alabama · 1950
- Shumate v. StateAlabama Court of Appeals · 1923
- Malone v. StateAlabama Court of Appeals · 1919