Washington v. State
Supreme Court of Alabama
Writ op error to the Circuit Court of Greene County. Tried before the Hon. S. H. Sprott. Amos Washington was tried, October 29, 1886, on an indictment for murder, convicted and sentenced to be hung on December 17, 1886. The case comes to this court on writ of error. The errors alleged in' the petition for the writ are : 1. “ The record fails to show, that the panel of thirty-six jurors was lawfully organized by the court.
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Writ op error to the Circuit Court of Greene County. Tried before the Hon. S. H. Sprott. Amos Washington was tried, October 29, 1886, on an indictment for murder, convicted and sentenced to be hung on December 17, 1886. The case comes to this court on writ of error. The errors alleged in' the petition for the writ are : 1. “ The record fails to show, that the panel of thirty-six jurors was lawfully organized by the court. The record affirmatively shows, that only thirty men were originally drawn and summoned, as jurors for the week; that four of those failed to attend, and one was excused,…
1Opinion of the CourtStone, C. J.
— The questions arising in this case all grow out of the organization of the petit jury, which ren*37dered the verdict of guilty, on which the sentence of death was pronounced. The trial took place in Greene, one of the counties in which the new jury law is of force, — approved February 17th, 1885. — -Sess. Acts, 1884-5, page 181. In section 9 of that statute is the following provision : “ If any capital case stands for trial during such week, the court shall organize a panel of thirty-six men, and shall out of such panel organize two petit juries of twelve men each, and excuse the other twelve…
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