Harris v. State
Alabama Court of Appeals
Appeal from Circuit Court, Marshall County: W. W. Haralson, Judge. -John Harris was convicted of murder, and he appeals. The motion to quash the venire was based on the following grounds: (1) Because the jury -box from which the regular and special venire was ch-awn was made up from names of jurors residing in that part of Marshall county outside of the territorial jurisdiction of the Guntersville court.
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Appeal from Circuit Court, Marshall County: W. W. Haralson, Judge. -John Harris was convicted of murder, and he appeals. The motion to quash the venire was based on the following grounds: (1) Because the jury -box from which the regular and special venire was ch-awn was made up from names of jurors residing in that part of Marshall county outside of the territorial jurisdiction of the Guntersville court. (2) The regular and special venire were drawn from a box in which the names of jurors from all parts of Marshall county wei-e deposited, and not from a jury box made up of the names of jurors…
1Opinion of the CourtBricken, J.
[1] The action of the court in denying the motion to quash the venire was error. Kuykendall v. State, ante, p. 197, 76 South. 487; Shell v. State, 2 Ala. App. 207, 56 South. 39; Henry Evans v. State, 201 Ala. 693, 79 South. 240. This necessitates that the judgment of conviction be reversed and the cause remanded.
[2-4] On the trial the defendant introduced one Jo-hn Parks who testified in detail, and without objection, as to threats made by deceased against the defendant and also as to other attending circumstances and matters not pertaining directly to the defendant. At the conclusion of this…
2Cases cited3 opinions
- Smith v. StateSupreme Court of Alabama · 1913
- Shell v. StateAlabama Court of Appeals · 1911
- Evans v. StateSupreme Court of Alabama · 1918
3Cited by6 opinions
- Cole v. StateAlabama Court of Appeals · 1923
- Hardeman v. StateAlabama Court of Appeals · 1924
- Eddy v. StateCourt of Criminal Appeals of Alabama · 1977
- Speer v. StateAlabama Court of Appeals · 1937
- Nicholas v. StateCourt of Criminal Appeals of Alabama · 1971
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