Collier v. State
Supreme Court of Alabama
This was a prosecution for larceny, commenced in the Circuit Court of Jackson, which, on application of the prisoner, had been removed for trial to the Circuit Court of Madison, where he was tried and found guilty, and thence his case, on questions of supposed novelty and difficulty was referred to this Court.
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This was a prosecution for larceny, commenced in the Circuit Court of Jackson, which, on application of the prisoner, had been removed for trial to the Circuit Court of Madison, where he was tried and found guilty, and thence his case, on questions of supposed novelty and difficulty was referred to this Court. In the record, as certified from Jackson county, was copied the venire facias, issued by the clerk in Jackson county, and returned by the sheriff; which was tested by the clerk under his hand, but without seal; and it did not appear in the record how7 the names of the jurors were drawn…
1Opinion of the Court
By JUDGE COLLIER.
The questions, as presented, require an opinion on these points:
1. Should it appear from the indictment, or elsewhere on the record, that the jury summoned on the venire for the term, were chosen as required by statute, by a particular recital of the manner in which they were chosen?
2. Should it appear in totidem verbis, that the grand jury was selected, as the law requires?
3. Can the papers of a cause be taken by the jury in their retirement, if not read to them before?
4. Can a clerk, from whose Court a cause has been removed by change of venue, certify the original papers…
2Cited by6 opinions
- Shaw v. StateSupreme Court of Alabama · 1851
- Boulo v. StateSupreme Court of Alabama · 1874
- Childs v. StateSupreme Court of Alabama · 1876
- State v. MatthewsSupreme Court of Alabama · 1839
- State v. GreenwoodSupreme Court of Alabama · 1837
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