Linggold v. State
Alabama Court of Appeals
Appeal from Covington Circuit Court. Heard before Hon. A. H. Alston. John Linggold, Jr., alias, etc., was convicted of murder in tbe second degree and he appeals. The motion to quash the venire should have been sustained. — Acts 1909, p. 318. Counsel discuss other matters assigned, but without further citation of authority.
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Appeal from Covington Circuit Court. Heard before Hon. A. H. Alston. John Linggold, Jr., alias, etc., was convicted of murder in tbe second degree and he appeals. The motion to quash the venire should have been sustained. — Acts 1909, p. 318. Counsel discuss other matters assigned, but without further citation of authority. The defendant had the benefit of seventy-three jurors from which to select a jury, and the action of the court was a substantial compliance with section 32 of the jury law. —Jackson v. State, 171 Ala. 38; Johnson v. State, 5 Ala. App. 48; Rudolph v. State, 172 Ala. 380.…
1Opinion of the CourtThomas, J.
Section 32 of the Jury Law (Acts
Sp. Sess. 1909, p. 317) provides:
“Whenever any person or persons stand indicted for a capital felony, the court must on the first day of the term, or as soon as practicable thereafter, make an order commanding the sheriff to summon not less than 50 nor more than 100 persons including those drawn and summoned on the regular juries for the week set for the trial of the case, and shall then in open court draw from the jury box the number of names required with the regular jurors drawn and summoned for the week set for the trial to make the number named in the…
2Cases cited11 opinions
- Andrews v. StateSupreme Court of Alabama · 1911
- Jackson v. StateSupreme Court of Alabama · 1911
- Hale v. StateAlabama Court of Appeals · 1913
- Costello v. StateSupreme Court of Alabama · 1912
- Fowler v. StateAlabama Court of Appeals · 1913
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3Cited by3 opinions
- Evans v. StateSupreme Court of Alabama · 1923
- Diamond v. StateAlabama Court of Appeals · 1915
- Coleman v. StateAlabama Court of Appeals · 1920