McBryde v. State
Supreme Court of Alabama
Appeal from Colbert Circuit Court. Heard before Hon. C. P. Almon. Joel McBryde was convicted of murder in tbe second degree, and he appeals. It was shown on the trial that the juror Blackwell was named “J. P. Blackwell,” and not “J. C. Blackwell,” as his name appeared in the Jury box; but it was ascertained that there was no other person named “Blackwell” in the beat in which he lived.
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Appeal from Colbert Circuit Court. Heard before Hon. C. P. Almon. Joel McBryde was convicted of murder in tbe second degree, and he appeals. It was shown on the trial that the juror Blackwell was named “J. P. Blackwell,” and not “J. C. Blackwell,” as his name appeared in the Jury box; but it was ascertained that there was no other person named “Blackwell” in the beat in which he lived. So the court declared him competent and put him upon the defendant, who objected to the juror on the ground that the name “J. P. Blackwell” was not on the list of jurors served upon him. The witness Isbell…
1Opinion of the CourtSimpson, J.
The appellant in this case was convicted for the crime of murder in the second degree. There was no error in overruling the defendant’s objection to the juror Blackwell, because of the mistake in the middle initial of his name. — Kimbrell v. State, 130 Ala. 40, 30 South. 454; Martin v. State, 144 Ala. 8, 40 South. 275.
The court erred in not sustaining the objections to the testimony of the witness C. C. Isbell, and to the question by the solictor to him and the answer thereto, as the testimony sought and given was hearsay.
There was no error in permitting the witness Murry to testify that he…
2Cases cited14 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- Cleveland v. StateSupreme Court of Alabama · 1888
- Jackson v. StateSupreme Court of Alabama · 1884
- Holmes v. StateSupreme Court of Alabama · 1893
- Holmes v. StateSupreme Court of Alabama · 1889
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Redus v. StateSupreme Court of Alabama · 1942
- Baker v. StateAlabama Court of Appeals · 1923
- Johnson v. StateSupreme Court of Alabama · 1954
- Ragsdale v. StateAlabama Court of Appeals · 1914
- Baugh v. StateSupreme Court of Alabama · 1928
11 more not listed; retrieve them via the Exa API.