Fowler v. State
Alabama Court of Appeals
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Jolin Fowler was convicted of manslaughter, and he appeals. The court’s order was not sufficient either as fixing a proper venire or as requiring the proper order to issue to the sheriff for summoning the venire. —Sec. 32, Acts 1909, p. 317. Counsel discuss the propositions of evidence assigned, but without citation of authority.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Jolin Fowler was convicted of manslaughter, and he appeals. The court’s order was not sufficient either as fixing a proper venire or as requiring the proper order to issue to the sheriff for summoning the venire. —Sec. 32, Acts 1909, p. 317. Counsel discuss the propositions of evidence assigned, but without citation of authority. They insist on the authority cited in brief in the case of Eaton v. State, infra, that there was error in the refusal to give the written charges requested. The minute entry setting the day for…
1Opinion of the CourtWalker, P. J.
— The court’s minute entry, after reciting its order fixing the day for trial of the case, contained the following: “And thereupon the court caused the jury box to be brought into court, and in open court drew from said jury box 50 names, making, with those of the regular jurors drawn and summoned for the week in which this case is set for trial, 70 jurors, from whom the jury to try this case shall be selected.” This statement plainly evidences what amounts to an order of the court fixing at 70 the number to constitute the special venire for the trial of the case. The suggestion that there…
2Cases cited4 opinions
- Kennedy v. StateSupreme Court of Alabama · 1913
- Smith v. StateSupreme Court of Alabama · 1902
- Pearce v. StateAlabama Court of Appeals · 1912
- Southern Railway Co. v. ProctorAlabama Court of Appeals · 1911
3Cited by11 opinions
- Rowlan v. StateAlabama Court of Appeals · 1916
- Eaton v. StateAlabama Court of Appeals · 1913
- Maxwell v. StateAlabama Court of Appeals · 1914
- Louisville N. R. Co. v. HaywardSupreme Court of Alabama · 1917
- Hardeman v. StateAlabama Court of Appeals · 1916
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