Pickens v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. The appellant was indicted and tried for the murder of Oscar Pickens, was convicted of murder in the first degree, and sentenced to the penitentiary for life. ' The defendant moved the court to quash the indictment upon the grounds : 1st. That it was not found and returned into court by a legally organized grand jury.
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Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. The appellant was indicted and tried for the murder of Oscar Pickens, was convicted of murder in the first degree, and sentenced to the penitentiary for life. ' The defendant moved the court to quash the indictment upon the grounds : 1st. That it was not found and returned into court by a legally organized grand jury. “2. Because the grand jury that returned the indictment was not drawn from the jury bos by the jury commissioners. _ 3. Because said grand jury was not drawn and summoned as is required by law. 4.…
1Opinion of the CourtBrickell, C. J.
The commissioners having failed to draw a grand jury for the term, the court had authority it was a duty to exercise, to supply the omission by the entry of an order on the minutes directing the sheriff to summon eighteen persons qualified to serve as grand jurors, from whom a grand jury were to be selected.— Cr. Code of 1886, § 4316. The order was made, and from the persons summoned, the grand jury finding the indictment were selected and organized. If there was irregularity in the execution of the order — in the mode pursued by the sheriff in the selection and summoning of the persons from…
2Cases cited6 opinions
- Ex parte AcreeSupreme Court of Alabama · 1879
- Gilmore v. StateSupreme Court of Alabama · 1892
- Prince v. StateSupreme Court of Alabama · 1893
- Whitaker v. StateSupreme Court of Alabama · 1894
- Brown v. StateSupreme Court of Alabama · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Thomas v. StateCourt of Criminal Appeals of Alabama · 1978
- Wilson v. StateSupreme Court of Alabama · 1942
- Parsons v. StateSupreme Court of Alabama · 1948
- Hale v. StateSupreme Court of Alabama · 1898
- Morrison v. ClarkSupreme Court of Alabama · 1916
58 more not listed; retrieve them via the Exa API.