Commander v. State
Supreme Court of Alabama
From the Circuit Court of Sumter. Tried before the Hon. Luther E. Smith. The indictment in this case charged that .the prisoner, Eobert Commander, “unlawfully, and with malice aforethought, killed Charles Hagan, by shooting him with a gun.”
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From the Circuit Court of Sumter. Tried before the Hon. Luther E. Smith. The indictment in this case charged that .the prisoner, Eobert Commander, “unlawfully, and with malice aforethought, killed Charles Hagan, by shooting him with a gun.” “When the cause was called for trial,” as the bill of exceptions states, “the defendant objected to the venire specially summoned, and moved to quash the same; and, in support of said motion, proved to the court that W. T. McKnight, D. L. Kirkland, Gray Ellis, and W. B. Jones, who were summoned as jurors on said venire, were also summoned, by the identical…
1Opinion of the CourtBrickell, C. J.
1. The oath administered to the jury was not, in substance, the oath prescribed by the statute ; and its administration is an error fatal to the judgment of conviction, under the authority of Lewis v. State, 51 Ala. 1; Perkins v. State, at the present term.
2. The motion to quash the venire rests on the sole ground, that several of the persons summoned as special jurors were incompetent, because of the relation they sustained to the case. Some of them were witnesses on benalf of the State, and others were of the petit jury on a mistrial of the cause at a former term. There can be no doubt,…
2Cases cited5 opinions
- Eiland v. StateSupreme Court of Alabama · 1875
- Hadley v. StateSupreme Court of Alabama · 1876
- Hall v. StateSupreme Court of Alabama · 1867
- Lewis v. StateSupreme Court of Alabama · 1874
- Murphy v. StateSupreme Court of Alabama · 1861
3Cited by26 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- Garrett v. StateSupreme Court of Alabama · 1958
- Johnson v. StateSupreme Court of Alabama · 1893
- Roberts v. StateSupreme Court of Alabama · 1881
- State v. StentzWashington Supreme Court · 1902
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