Hanners v. State
Supreme Court of Alabama
Appeal from Clay Circuit Court. Heard before I-Ion. John Pelham. Tbe defendant and Barney Wortbey Avere jointly indicted for killing Tom Waldrop by shooting Mm Avith a gun or pistol. The present defendant demanded a severance, and was tried alone. When the case -was called at a former term of the court motion Avas made to quash the special venire.
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Appeal from Clay Circuit Court. Heard before I-Ion. John Pelham. Tbe defendant and Barney Wortbey Avere jointly indicted for killing Tom Waldrop by shooting Mm Avith a gun or pistol. The present defendant demanded a severance, and was tried alone. When the case -was called at a former term of the court motion Avas made to quash the special venire. The facts upon which this motion was based were that the jury commissioners, in drawing the grand jurors and petit jurors for the court, discarded six names, and discovering that there were not enough names left in the jury box from which to draw…
1Opinion of the CourtTyson, J.
In support of the motion to quash the special venire drawn for the trial of the case, it appears, by the agreed statement of facts, that at a former term of the court, on motion of the defendant, the special venire drawn for the trial of his case was quashed because *33of the illegality in the preparation of the box by the jury commissioners containing the names from which juries are required to be drawn, and properly so. — § 4982, -ode 1896. Tt is also made to appear, that the jury commissioners subsequently prepared another box in all respects, as required by the statutes, and it was from this…
2Cases cited9 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Williams v. StateSupreme Court of Alabama · 1886
- People v. . BrooksNew York Court of Appeals · 1892
- Kennedy v. StateSupreme Court of Alabama · 1903
- Bonner v. StateSupreme Court of Alabama · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Smith v. StateCourt of Criminal Appeals of Alabama · 1978
- York v. StateAlabama Court of Appeals · 1948
- Gibson v. StateCourt of Criminal Appeals of Alabama · 1977
- Gills v. StateAlabama Court of Appeals · 1950
- Aiken v. McMillanSupreme Court of Alabama · 1925
22 more not listed; retrieve them via the Exa API.