Darby v. State
Supreme Court of Alabama
From the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. The appellant in this case, April Darby, was jointly indicted with O. R Odell, George Howard, Adam Knight and Sam Butler, for the murder of one Henry Walker, by shooting him with a pistol.
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From the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. The appellant in this case, April Darby, was jointly indicted with O. R Odell, George Howard, Adam Knight and Sam Butler, for the murder of one Henry Walker, by shooting him with a pistol. Before entering upon the trial, the defendant requested a severance, which was granted by the court; and he was tried and convicted of murder in the second degree, and sentenced to the penitentiary for a term of ten years. A motion was made by the defendant to quash the venire. The grounds of this motion, and the rulings of the court…
1Opinion of the CourtMcCLELLAN, J.
The record of the trial court shows that, inore than one day before the day set for the trial, the court, the defendant being present, “caused the box containing the names of jurors to be brought into the court-room, and, after having the same well shaken, the presiding judge then and 'there publicly drew therefrom fifty of said names for this case; and a list thereof was immediately made out by the clerk of the court, and an order was issued, to the sheriff to summon the same to appear upon said day of trial. . . . And the court ordered the sheriff to' serve the defendant with a copy of said…
2Cases cited1 opinion
- Roberts v. StateSupreme Court of Alabama · 1881
3Cited by16 opinions
- Jarvis v. StateSupreme Court of Alabama · 1902
- Arp v. StateSupreme Court of Alabama · 1892
- Evans v. StateSupreme Court of Alabama · 1923
- Zininam v. StateSupreme Court of Alabama · 1914
- Sims v. StateSupreme Court of Alabama · 1903
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