Porter v. State
Supreme Court of Alabama
Appeal from Shelby. Circuit Court. Heard before Hon. Joi-in Pelham. Defendant was indicted for murder in the first degree, and after announcing ready for trial, but before trial Avas actually entered upon, he moved to quash the venire upon the ground that the venire contained the name of certain jurors avIio were drawn for that week, but who were not summoned, and upon the further ground that the venire served upon him was not signed by the sheriff of the county.
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Appeal from Shelby. Circuit Court. Heard before Hon. Joi-in Pelham. Defendant was indicted for murder in the first degree, and after announcing ready for trial, but before trial Avas actually entered upon, he moved to quash the venire upon the ground that the venire contained the name of certain jurors avIio were drawn for that week, but who were not summoned, and upon the further ground that the venire served upon him was not signed by the sheriff of the county. The evidence showed that among the list of regular jurors served upon the defendant as having been drawn and summoned for that week…
1Opinion of the CourtSimpson, J.
The defendant was convicted of the offense of murder in the second degree. The case was formerly before this court, and the appeal dismissed because of the failure of the transcript to show the judgment of the court below. It is insisted by the appellee that the dismissal of the appeal is conclusive against the right of the appellant to prosecute this second appeal to this court.
While there are some authorities to the effect that when an appeal has been dismissed the party cannot take a second appeal. In most of those cases the facts were that the appellant himself voluntarily dismissed his…
2Cases cited4 opinions
- Evans v. State BankSupreme Court of the United States · 1890
- Robinson v. Arkansas Loan & Trust Co.Supreme Court of Arkansas · 1904
- Groendyke v. MusgraveSupreme Court of Iowa · 1904
- Cole v. StateSupreme Court of Alabama · 1894
3Cited by5 opinions
- Holland v. StateAlabama Court of Appeals · 1914
- Ex parte Orellana Rodríguez v. PuebloSupreme Court of Puerto Rico · 1934
- Orellana Rodríguez v. PeopleSupreme Court of Puerto Rico · 1934
- Rivers v. StateAlabama Court of Appeals · 1915
- State v. RosserOregon Supreme Court · 1939