Smith v. State
Supreme Court of Alabama
Appeal from Colbert Circuit Court. Heard before Hou. C. P. Almon. Will Smith, alias Jim Wallace, was convicted of homicide, and he appeals.
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Appeal from Colbert Circuit Court. Heard before Hou. C. P. Almon. Will Smith, alias Jim Wallace, was convicted of homicide, and he appeals. Counsel insist that the defendant was not furnished with proper venire for the trial of his cause in that the venire was limited to the regular jurors drawn and summoned for the fourth week of the court. — Sec. 7265, Code 1907. In view of the decision it is deemed unnecessary to set out a discussion of the other assignments of error insisted on, as they were presented by bill of exceptions. The error in the venire was error without- injury. — Phillips v.…
1Opinion of the CourtEvans, J.
On the trial of this case the court entered an order “that the 48 special jurors drawn for the trial of defendant, together with the jurors drawn and summoned, for the fourth ioeeh of the court, should constitute the venire from Avhich the jury to try this case should be selected. The court further ordered that a copy of the indictment against the defendant in this case, and a copy of said venire for the trial of his case, be served on defendant, or his attorney of record, one entire day before the day set for the trial of this case.” This order was in accordance with the laAV as it was prior…
2Cited by11 opinions
- Edinburgh-American Land Mortgage Co. v. CanterburySupreme Court of Alabama · 1910
- National Pyrites & Copper Co. v. WilliamsSupreme Court of Alabama · 1921
- Wrenn v. BakerAlabama Court of Appeals · 1916
- Hartselle & Co. v. WilhiteAlabama Court of Appeals · 1911
- McOllister v. StateSupreme Court of Alabama · 1913
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