Hooten v. State
Alabama Court of Appeals
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Doyle Hooten was convicted of murder in tbe second degree, and be appeals. Tbe following charges were given at tbe request of tbe state: (1) “I charge you all must agree before you can render a verdict.” (2) “If you believe from all tbe evidence, beyond a reasonable doubt, that Doyle Hooten entered tbe fight willingly, be cannot invoke tbe doctrine of self-defense.”
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Doyle Hooten was convicted of murder in tbe second degree, and be appeals. Tbe following charges were given at tbe request of tbe state: (1) “I charge you all must agree before you can render a verdict.” (2) “If you believe from all tbe evidence, beyond a reasonable doubt, that Doyle Hooten entered tbe fight willingly, be cannot invoke tbe doctrine of self-defense.” (3) “If you believe from all tbe evidence, beyond a reasonable doubt, .that defendant is guilty, though you may also believe it is possible that be is not guilty,…
1Opinion of the CourtPelham, J.
The judgment entry shows that the jury was drawn in open court, and that the order setting the case, fixing and drawing the venire, and arraigning the defendant is in strict compliance with the law. The fact-that it was made to appear, on a motion to quash the venire, that on the list served on the defendant one of the jurors drawn to serve on the special *13venire was the same person as one of the regular jurors drawn and summoned for the week the case was set for trial was not a sufficient ground upon which to grant the motion to quash the venire under the present jury law. No more so than if…
2Cases cited16 opinions
- Smith v. StateSupreme Court of Alabama · 1904
- Parham v. StateSupreme Court of Alabama · 1906
- Coates v. StateAlabama Court of Appeals · 1911
- Stallworth v. StateSupreme Court of Alabama · 1906
- Lewis v. StateSupreme Court of Alabama · 1912
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3Cited by1 opinion
- Norris v. StateAlabama Court of Appeals · 1917