Costello v. State
Supreme Court of Alabama
Appeal from Dale Circuit Court. Heard before Hon. A. H. Alston. Ed Costello was convicted of murder, and be appeals. The orders for the special venire for the summoning and services of the same on defendant were not properly made, and constitute reversible error. — State v. Mills, in MSS; 69 Ala. 159; 71 Ala. 17; Allen v. State, 146 Ala. 65; Sec. 7840, Code 1907. The court was in error in permitting the doctor to state his opinion as to the cause of the death on the day he…
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Appeal from Dale Circuit Court. Heard before Hon. A. H. Alston. Ed Costello was convicted of murder, and be appeals. The orders for the special venire for the summoning and services of the same on defendant were not properly made, and constitute reversible error. — State v. Mills, in MSS; 69 Ala. 159; 71 Ala. 17; Allen v. State, 146 Ala. 65; Sec. 7840, Code 1907. The court was in error in permitting the doctor to state his opinion as to the cause of the death on the day he examined the decedent. — 17 Cyc. 34; 5 Enc. of Evid. 548 and 657. The court was in error in permitting defendant to be…
1Opinion of the CourtDowdell, C. J.
It appears that on the day of the arraignment of the defendant, which was on Monday of the second week of the term, the court made an order for 25 special jurors to be drawn for the trial of the defendant, which, together with the regular jurors “drawn and summoned” for the week, should constitute the special venire from Avhieh to select a jury. The order of the court did not definitely state the number of jurors to constitute the special venire, but Avas as folloAvs: “* * * It is ordered by the court that the sheriff summons twenty-five persons in addition to those drawn and summoned as the…
2Cited by11 opinions
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- Johnson v. StateAlabama Court of Appeals · 1926
- Johnson v. StateAlabama Court of Appeals · 1912
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