Irwin v. State

This is a capital case, and the only question considered by the Court of Appeals is the judgment of the circuit court overruling a motion to quash the venire.

It seems that Elmus Rutledge was drawn as a regular juror for the week of the trial of the case, and appeared and served as such. The list of the venire served on defendant showed the name of Elmus Drinkard, as residing at Albany. There was a qualified juror in the county named Elmus Drinkard who resided at Falkville, and who had served as a regular juror of the court for the preceding week.

The Court of Appeals affirmed the judgment, and…