Harrison v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the Hon. O. J. Semmes. The defendant in this case, Noah Harrison (or Harris), was indicted for the murder of Abe (of Adolph) Anthony, by shooting him with a pistol; was tried on issue joined on the plea of not guilty, convicted of murder in the second degree, and sentenced to the penitentiary for the term of ten years, as on the former trial. — 78 Ala. 5. In the organization of tho jury, as the bill of exceptions states, “ a number…
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From the City Court of Mobile. Tried before the Hon. O. J. Semmes. The defendant in this case, Noah Harrison (or Harris), was indicted for the murder of Abe (of Adolph) Anthony, by shooting him with a pistol; was tried on issue joined on the plea of not guilty, convicted of murder in the second degree, and sentenced to the penitentiary for the term of ten years, as on the former trial. — 78 Ala. 5. In the organization of tho jury, as the bill of exceptions states, “ a number of persons were called as jurors, who said they would not convict on circumstantial evidence, and who were, on that…
1Opinion of the CourtClopton, J.
That a person, summoned and called as a juror on the trial of an offense which may be punished capitally, or by imprisonment in the penitentiary, thinks that a conviction should not be had on circumstantial evidence, is made by statute a good cause of challenge by the State; but the right is not extended to the defendant, and may be waived by the State. By electing to challenge one or more persons for such cause, the State is not estopped from waiving the same cause of challenge as to any person who may be subsequently drawn as a juror. The defendant has no cause of complaint, if the State…
2Cases cited4 opinions
- Ford v. StateSupreme Court of Alabama · 1882
- Winslow v. StateSupreme Court of Alabama · 1884
- Jones v. StateSupreme Court of Alabama · 1884
- Murphy v. StateSupreme Court of Alabama · 1861
3Cited by19 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Sharp v. StateSupreme Court of Alabama · 1915
- State v. LarkinsIdaho Supreme Court · 1897
- Vaughan v. StateSupreme Court of Alabama · 1918
- Russell v. StateSupreme Court of Alabama · 1918
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