Legal Opinion

Edgar v. State

Supreme Court of Alabama

Decided June 12, 1913PublishedCited by 11 opinions

Appeal from Franklin. Circuit Court. r Jesse J. Edgar ivas convicted of murder in the second degree, and he appeals. The provisions of section 32, Acts 1909, p. 305, are mandatory, and the court was in error in not requiring the name of the juror Bruton to be placed on the venire from which the jury was to be selected. — Shepherd v. Stade, 5 Ala.

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Appeal from Franklin. Circuit Court. r Jesse J. Edgar ivas convicted of murder in the second degree, and he appeals. The provisions of section 32, Acts 1909, p. 305, are mandatory, and the court was in error in not requiring the name of the juror Bruton to be placed on the venire from which the jury was to be selected. — Shepherd v. Stade, 5 Ala. App. 178. The court was in error id refusing to quash the venire. — Acts 1909, p. 305. The clerical error of the clerk in incorrectly copying the names of two of the jurors upon the venire to be served upon defendant did not authorize the quashing of…

1Opinion of the Court

de GRAFFENRIED, J.

— In this case there was an indictment for murder. The defendant was convicted of murder in the second degree, and appeals.

1. There was a motion by the defendant to quash the venire upon the ground that a correct copy of the venire of jurors drawn and summoned for the week, “with a copy of the special venire of jurors drawn and ordered summoned for the trial of this cause, was not served upon the defendant as required by law and the orders of this court.” The particular objection was that the names of Will J. Bruton, and James C. Bowen were drawn, summoned, and impaneled as…

2Cases cited2 opinions

  1. Godau v. StateSupreme Court of Alabama · 1913
  2. Sheppard v. StateAlabama Court of Appeals · 1912

3Cited by11 opinions

  1. Doss v. StateAlabama Court of Appeals · 1929
  2. Spooney v. StateSupreme Court of Alabama · 1928
  3. Stinson v. StateSupreme Court of Alabama · 1931
  4. Zininam v. StateSupreme Court of Alabama · 1914
  5. Irwin v. StateSupreme Court of Alabama · 1929

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