Legal Opinion

Wilson v. State

Supreme Court of Alabama

Decided January 15, 1858PublishedCited by 10 opinions

Appeal from the Circuit Court of Madison. Tried before the Hon. William M. Brooks. The bill of exceptions in this case is as follows': “In the organization of the jury in this ease, preliminary to the trial, the State objected to three of the jurors who were on the regular panel No. 1; and the court, before it would permit their places to be filled, required the defendant to make his objections to the remaining nine jurors ; the defendant objecting to this action of the…

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Appeal from the Circuit Court of Madison. Tried before the Hon. William M. Brooks. The bill of exceptions in this case is as follows': “In the organization of the jury in this ease, preliminary to the trial, the State objected to three of the jurors who were on the regular panel No. 1; and the court, before it would permit their places to be filled, required the defendant to make his objections to the remaining nine jurors ; the defendant objecting to this action of the court, and excepting to the overruling of his objection. The defendant having then objected to three of said jury, the court…

1Opinion of the CourtRice, C. J.

— The manner of organizing a jury, for the trial of a person charged with a misdemeanor, is not particularly prescribed by the Code, but is regulated by the general provisions contained in the following sections thereof:

“§ 8474. To dispose of the petit jurors for the transaction of business, the clerk must, on the day on which they are summoned to attend, prepare by lot a list of their names; the first twelve must be sworn, and called the first jury; the next twelve must then be sworn, and called the second j ary; and if there are any more petit jurors in attendance, they maybe placed on a…

2Cited by10 opinions

  1. Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
  2. Smith v. StateSupreme Court of Alabama · 1876
  3. Whitsett v. BelueSupreme Court of Alabama · 1911
  4. Allen v. StateSupreme Court of Alabama · 1901
  5. Crittenden v. StateSupreme Court of Alabama · 1901

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