Howard v. State
Alabama Court of Appeals
Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Aaron Howard was convicted of violating the prohibition law, and he appeals.
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Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Aaron Howard was convicted of violating the prohibition law, and he appeals. Relationship to counsel is not a cause for challenge in a criminal case, and the court, wa's in error in striking for cause two names from the jury list'because first cousins of counsel for appellant. — Sec. 7276, Code 1907; Acts 1909, p.. 318; Washington v. State, 58 Ala. 355. The law is not concerned with how the liquor was obtained, but is concerned only with the fact of its violation, and. lienee, the court properly sustained the objection excepted…
1Opinion of the Court
THOMAS, J. —
The defendant and solicitor were each given a list, as required by Acts Sp. Session 1909, p. 318, § 32, containing the names of the regular jurors impaneled for the week, from which to select, by alternately striking, twelve of such persons to serve as a jury for the trial of defendant for the misdemeanor with which he was charged. Before proceeding with the striking, the solicitor moved that the names of two designated persons found on this list so furnished be stricken therefrom, upon the ground that these two persons were first cousins of defendant’s counsel (which defendant…
2Cases cited2 opinions
- Washington v. StateSupreme Court of Alabama · 1877
- Harris v. StateAlabama Court of Appeals · 1913
3Cited by5 opinions
- Hayes v. StateAlabama Court of Appeals · 1948
- Turner v. StateAlabama Court of Appeals · 1916
- Evans v. StateCourt of Criminal Appeals of Alabama · 1999
- Evans v. StateCourt of Criminal Appeals of Alabama · 1999
- State v. HowardAlabama Court of Appeals · 1914