Sylvester v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the Hon. O. J. Semmes. The indictment in this case was found at the November term of said court, 1880, and charged the defendant, Nathaniel Sylvester, with the murder of Jeremiah Lynch, “by stabbing him with some sharp instrument, the exact character or description of which is to the grand jury unknown or, as alleged in the second count, “by stabbing him witli a knife, a more particular description of which is to the grand jury…
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From the City Court of Mobile. Tried before the Hon. O. J. Semmes. The indictment in this case was found at the November term of said court, 1880, and charged the defendant, Nathaniel Sylvester, with the murder of Jeremiah Lynch, “by stabbing him with some sharp instrument, the exact character or description of which is to the grand jury unknown or, as alleged in the second count, “by stabbing him witli a knife, a more particular description of which is to the grand jury unknown.” On a former trial, the defendant was found guilty of murder in the second degree, and sentenced to imprisonment…
1Opinion of the Court
BRICKELL, O. J.
We can not perceive that in the organization of the grand jury there was the least irregularity. The fact that two of the persons drawn and selected were not summoned, and yet voluntarily appeared, the one being excused from service by the court, and the other serving, is not an irregularity. Without the service of notice by the sheriff, they could appear voluntarily; and appearing, they were as subject to the duty of jurors, and to the control of the court, as if they had attended in obedience to a summons. If' it be true that a person was summoned as a juror, who was not…
2Cases cited7 opinions
- Ex parte NettlesSupreme Court of Alabama · 1877
- Aaron v. StateSupreme Court of Alabama · 1861
- Bowles v. StateSupreme Court of Alabama · 1877
- Hadley v. StateSupreme Court of Alabama · 1876
- Bell & Murray v. StateSupreme Court of Alabama · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- Fulghum v. StateSupreme Court of Alabama · 1973
- Williams v. StateSupreme Court of Alabama · 1948
- Compton v. StateSupreme Court of Alabama · 1895
- Brown v. StateSupreme Court of Alabama · 1904
29 more not listed; retrieve them via the Exa API.