Evans v. State
Supreme Court of Alabama
Appeal from the City Court of Selma. Tried before IIon. Jno. Haralson. The defendant was indicted and tried' for robbery. At the time of the trial, the defendant, being arraigned, pleaded not guilty, and the court proceeded to draw a special jury as required by the jury law of Dallas county. . At the same time there was another defendant present, charged with murder, whose trial was set for the same day, and for whose trial a special jury was also to be drawn.
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Appeal from the City Court of Selma. Tried before IIon. Jno. Haralson. The defendant was indicted and tried' for robbery. At the time of the trial, the defendant, being arraigned, pleaded not guilty, and the court proceeded to draw a special jury as required by the jury law of Dallas county. . At the same time there was another defendant present, charged with murder, whose trial was set for the same day, and for whose trial a special jury was also to be drawn. The presiding judge ordered the clerk to keep two separate lists, one for each case, and as he would draw out of the box a name,…
1Opinion of the CourtClopton, J.
Founded on the gravity of the crime charged, and on the serious consequences to the accused that result from a conviction, special statutory provisions are made for drawing, summoning and empaneling jurors for the trial of a person indicted for a felony, that may be punished capitally. The purpose of such enactments is to secure a trial by an impartial jury; and they manifest an intention to guard the rights of the accused, and to afford protection so far as the proper administration of the criminal law will justify. In furtherance of this humane purpose, section 4874 of the Code provides,…
2Cases cited2 opinions
- Jackson v. StateSupreme Court of Alabama · 1881
- Kimbrough v. StateSupreme Court of Alabama · 1878
3Cited by16 opinions
- Leith v. StateSupreme Court of Alabama · 1921
- Walker v. StateSupreme Court of Alabama · 1908
- Thomas v. StateSupreme Court of Alabama · 1899
- Proctor v. StateCourt of Criminal Appeals of Alabama · 1980
- Adams v. StateSupreme Court of Alabama · 1901
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