Rash v. State
Supreme Court of Alabama
Appeal from Circuit Court of Colbert. Tried before Hon. W. B. WOOD. Charles Bash, the appellant, was convicted of the murder of his wife, and sentenced to be hanged. The bill of exceptions states that the defendant was in jail when the list of jurors summoned for his trial was served upon him. On this list appeared the name of John JET. Lock-well, though there was no evidence that there was any person of that name.
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Appeal from Circuit Court of Colbert. Tried before Hon. W. B. WOOD. Charles Bash, the appellant, was convicted of the murder of his wife, and sentenced to be hanged. The bill of exceptions states that the defendant was in jail when the list of jurors summoned for his trial was served upon him. On this list appeared the name of John JET. Lock-well, though there was no evidence that there was any person of that name. In drawing the names from the hat, the name of Ja/mes H. Lockwell was drawn, whereupon the defendant informed the court, that this last name did not appear on the list served upon…
1Opinion of the CourtStone, J.
1. The rulings of the Circuit Court, in reference to the juror Lockwell, were in precise accordance with the statute, Code of 1876, § 4876, as construed in Floyd v. The State, 55 Ala. 61, and are free from error. Neither did the court err in refusing, after the jurors had been accepted and sworn, to allow further inquiry, or challenge of jurors. Questions as to the qualification of jurors, not previously raised, must be treated as waived, when the jurors for the trial of a felouy are accepted and sworn. — Smith v. The State, 55 Ala. 1. It should be observed, however, that in this case, no…
2Cases cited12 opinions
- Smith v. StateSupreme Court of Alabama · 1876
- Lewis v. StateSupreme Court of Alabama · 1874
- Tullis v. KiddSupreme Court of Alabama · 1847
- Paris v. StateSupreme Court of Alabama · 1860
- Bennett v. FailSupreme Court of Alabama · 1855
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Phillips v. StateSupreme Court of Alabama · 1946
- Roan v. StateSupreme Court of Alabama · 1932
- Birmingham Amusement Co. v. NorrisSupreme Court of Alabama · 1927
- Rohn v. StateSupreme Court of Alabama · 1914
- Roberts v. StateSupreme Court of Alabama · 1881
11 more not listed; retrieve them via the Exa API.