Gregory v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Cullman. Tried before the Hon. Osceola Kyle. The appellant in this case was indicted and tried for the murder of Bill Mann by shooting him with a pistol, was convicted of murder in the second degree and sentenced to imprisonment in the penitentiary for twelve years.
Read the full summary
Appeal from the Circuit Court of Cullman. Tried before the Hon. Osceola Kyle. The appellant in this case was indicted and tried for the murder of Bill Mann by shooting him with a pistol, was convicted of murder in the second degree and sentenced to imprisonment in the penitentiary for twelve years. Before entering upon the trial the defendant moved the court to quash the special venire in the case upon the ground that one E. L. Garner, who was and is a bona fide citizen, householder and freeholder in the county of Cullman, was drawn and ordered summoned as a juror on said venire, hut one T.…
1Opinion of the CourtTyson, J.
The motion to quash the special venire because E. L. Garner was drawn and ordered summpned and the sheriff summoned T. J. Garner in his stead, presumably by mistake, was properly overruled. The question here presented is not materially different from the one where the sheriff’s return as to a special venire-man is'“not found.” Where this is the case, this court has uniformly held this is not a ground to quash.-Barnes v. State, 134 Ala. 36; Caddell v. State, 129 Ala. 63; Daughdrill v. State, 113 Ala. 7.
In Barnes’ case, it was pointed out that the cases of Thomas, (94 Ala. 74) and Ryan (100…
2Cases cited15 opinions
- Daughdrill v. StateSupreme Court of Alabama · 1896
- Gafford v. StateSupreme Court of Alabama · 1898
- Gafford v. StateSupreme Court of Alabama · 1899
- Titus v. StateSupreme Court of Alabama · 1897
- Pool v. DeversSupreme Court of Alabama · 1857
10 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Lurton Lewis Heflin, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1955
- Lancaster v. StateAlabama Court of Appeals · 1925
- Ledbetter v. StateAlabama Court of Appeals · 1948
- Parker v. StateSupreme Court of Alabama · 1909
- Clayton v. StateAlabama Court of Appeals · 1929
36 more not listed; retrieve them via the Exa API.