Jackson v. State
Supreme Court of Alabama
From the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The defendant in this case was indicted for the murder of Joseph Bragg, by shooting him with a gun ; and on his second trial, as shown by the present record, was convicted of manslaughter in the first degree, and sentenced to the penitentiary for the term of five years. The points decided by the court will be readily understood from the opinion, without any additional statement of facts.
1Opinion of the CourtSomerville, J.
Upon the state of facts disclosed by the record, the defendant was not entitled to a special venire of jurors, under the provisions of section 4874 of the Code (1876). Special venires, under this section, are authorized only where the defendant is on trial for a capital felony. In January, 1885, he had been arraigned and tried for murder in the first degree, but had been convicted only of murder in the second degree. This verdict, and the sentence based on it, operated as an acquittal of the higher grade of the offense, although the judgment was afterwards reversed, upon appeal, by this…
2Cases cited2 opinions
- Tesney v. StateSupreme Court of Alabama · 1884
- DeArman v. StateSupreme Court of Alabama · 1884
3Cited by36 opinions
- Jordan v. StateSupreme Court of Alabama · 1886
- Smith v. StateSupreme Court of Alabama · 1916
- Lambert v. StateSupreme Court of Alabama · 1922
- People v. . Van GaasbeckNew York Court of Appeals · 1907
- Andrews v. StateSupreme Court of Alabama · 1909
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