Bain v. State
Supreme Court of Alabama
From the Circuit Court of Marshall. Tried before the ITon. Leroy F. Box. The indictment in this case charged that the defendant, James Bain, “unlawfully and with malice aforethought killed Bluford Johnson, by shooting him with a pistol.”
Read the full summary
From the Circuit Court of Marshall. Tried before the ITon. Leroy F. Box. The indictment in this case charged that the defendant, James Bain, “unlawfully and with malice aforethought killed Bluford Johnson, by shooting him with a pistol.” When the case was called for trial, as the bill of exceptions shows, the defendant “ objected to being put upon his trial, because the list of jurors ordered to be summoned by the sheriff had not been served on him or his counsel an entire day before the day fixed for his trial;” and he reserved an exception to the overruling of this objection, under the…
1Opinion of the CourtStone, J.
The defendant was under indictment for murder, but had been enlarged on bail. Soon after the presiding *6judge made an order, setting a day for the trial, and directing the sheriff to summon the requisite number of special jurors therefor, counsel for the defendant made an application to the sheriff to be furnished with a list of the jurors thus ordered to be summoned, “ an entire day before the day appointed for the trial.” The sheriff did furnish defendant’s counsel with a list of the jurors summoned, but not one entire day before the day appointed for the trial. The State, through its…
2Cases cited8 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Cross v. StateSupreme Court of Alabama · 1879
- Parsons v. StateSupreme Court of Alabama · 1853
- Judge v. StateSupreme Court of Alabama · 1877
- Aaron v. StateSupreme Court of Alabama · 1863
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Evans v. StateSupreme Court of Alabama · 1895
- Wilkins v. StateSupreme Court of Alabama · 1893
- Dolan v. StateSupreme Court of Alabama · 1886
- Horn v. StateSupreme Court of Alabama · 1893
- Henson v. StateSupreme Court of Alabama · 1898
4 more not listed; retrieve them via the Exa API.