Carwile v. State
Supreme Court of Alabama
Murcler. Appeal from Marshall Circuit Court. Heard before Hon. James A. Bilbiio. E. Monroe Carwile was convicted of murder,in the first degree. At the trial a list of fifty persons were drawn as a special venire.
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Murcler. Appeal from Marshall Circuit Court. Heard before Hon. James A. Bilbiio. E. Monroe Carwile was convicted of murder,in the first degree. At the trial a list of fifty persons were drawn as a special venire. On the day this venire was drawn the indictment against the defendant was quashed and a new indictment was preferred for the same offense, and thereupon the court proceeded to draw a list of different persons from those drawn on the first venire, for the trial under the new indictment. To this proceeding the defendant objected and reserved exceptions to the action of the court. The…
1Opinion of the CourtAnderson, J.
— The defendant moved to quash the indictment because the record did not show an organization of the grand jury. Court had been in session several days and the clerk had ample time to have written up the organization of the grand jury and the judge ought to have required him to do so. Paragraph 8 of section 934 of the Code of 1896 says it is the duty of the clerk “To keep a book, in which must be entered, .the minutes of each day’s proceedings during the term of the court, and the orders and judgments, in the order in which they are made or rendered.” Section 2641 says, “The minutes of the…
2Cases cited15 opinions
- Burton v. StateSupreme Court of Alabama · 1894
- Pate v. StateSupreme Court of Alabama · 1891
- White v. StateSupreme Court of Alabama · 1901
- Wiley v. StateSupreme Court of Alabama · 1892
- Williams v. StateSupreme Court of Alabama · 1898
10 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Wilson v. StateSupreme Court of Alabama · 1942
- McGuff v. StateSupreme Court of Alabama · 1946
- Montgomery v. StateAlabama Court of Appeals · 1920
- Fealy v. City of BirminghamAlabama Court of Appeals · 1916
- Husch v. StateSupreme Court of Alabama · 1924
28 more not listed; retrieve them via the Exa API.