Jones v. State
Supreme Court of Alabama
Appeal from the District Court of Lauderdale. Tried before the Hon. W. P. Chitwood. The appellant in this case, Haywood Jones, was indicted , tried and convicted for the rape of Leona Pool; and sentenced to the penitentiary for life. When the case was called for trial, the defendant moved the court to quash the venire, a list of which was served upon the defendant, and assigned several grounds for said motion.
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Appeal from the District Court of Lauderdale. Tried before the Hon. W. P. Chitwood. The appellant in this case, Haywood Jones, was indicted , tried and convicted for the rape of Leona Pool; and sentenced to the penitentiary for life. When the case was called for trial, the defendant moved the court to quash the venire, a list of which was served upon the defendant, and assigned several grounds for said motion. The first was, that on the regular venire issued for the week there appeared the name of “H. A. Ticer,” and in making up the panel for the week “when H. A. Ticer’s name was called, one…
1Opinion of the Court
HARALSON, J. —
1. It is hardly necessary to say, that a motion for a new trial in a criminal case is a matter within the discretion of the court to grant or not, and its denial cannot constitute a ground for error in this court.
2. A mistake in the given name of W. A. Ticer, one of the persons composing the venire served on the defendant for his trial, was no ground for a motion to quash the venire. The name could have been discarded, on motion'of the defendant, and another juror summoned in his stead, but no such motion was made. — Code, § 4322 ; Roberts v. The State, 68 Ala. 156. Nor was it…
2Cases cited7 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- Roberts v. StateSupreme Court of Alabama · 1880
- McQuirk v. StateSupreme Court of Alabama · 1887
- Fields v. StateSupreme Court of Alabama · 1875
- Martin's v. MartinSupreme Court of Alabama · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Brown v. StateSupreme Court of Alabama · 1895
- Yarbrough v. StateSupreme Court of Alabama · 1894
- Walker v. StateSupreme Court of Alabama · 1908
- Campbell v. StateSupreme Court of Alabama · 1952
- Wilkinson v. StateSupreme Court of Alabama · 1894
10 more not listed; retrieve them via the Exa API.