Powell v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before Hon. Littleberrt Strange. The opinion states the case. The juror West was pronounced competent by the court and accepted by the State' and defendant. Whatever rights he may have had to claim exemption from jury duty, he waived them by not making his excuse before he was accepted.
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Appeal from the Circuit Court of Macon. Tried before Hon. Littleberrt Strange. The opinion states the case. The juror West was pronounced competent by the court and accepted by the State' and defendant. Whatever rights he may have had to claim exemption from jury duty, he waived them by not making his excuse before he was accepted. The decision of the court would therefore have been right, even if the juror West had been exempt from jury duty under the charter of the fire company. That charter is not' set out, and this court must presume, therefore, that the ruling of the court was right in…
1Opinion of the CourtPetees, J.
At the spring term, 1872, of the circuit court of Macon county, the appellant, John Powell, was indicted for the murder of Irwin Poster, arraigned and put upon his trial, on the plea of not guilty. The bill of exception shows, that his “ case being regularly called and both parties having announced “ready,” and proceeding to select a jury to try said cause under the provisions of the statute in such ease provided, one P. 8. West, who was regularly summoned as a juror to try said cause, was called and being examined by the court as to his qualifications and competency as such juror, was…
2Cases cited5 opinions
- The United States v. Hudson and GoodwinSupreme Court of the United States · 1812
- Yates v. PeopleNew York Supreme Court · 1810
- Withers v. State ex rel. PoseySupreme Court of Alabama · 1860
- Governor v. GordonSupreme Court of Alabama · 1848
- Brazier v. StateSupreme Court of Alabama · 1870
3Cited by6 opinions
- Robertson v. StateAlabama Court of Appeals · 1924
- Ex Parte HillSupreme Court of Alabama · 1935
- In Re Jenison Contempt ProceedingsSupreme Court of Minnesota · 1963
- Biggs v. StateAlabama Court of Appeals · 1924
- Osborn v. StateTennessee Supreme Court · 1930
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