Dees v. State
Alabama Court of Appeals
Appeal from- Circuit Court, Conecuh County; John B. Leigh, Judge. Donnie May Dees and. Tom Long were convicted of assault and assault with intent to murder, respectively, and they appeal. The defendants were ¿barged with assault with intent to murder one Manford Dees, the husband of one of the defendants.
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Appeal from- Circuit Court, Conecuh County; John B. Leigh, Judge. Donnie May Dees and. Tom Long were convicted of assault and assault with intent to murder, respectively, and they appeal. The defendants were ¿barged with assault with intent to murder one Manford Dees, the husband of one of the defendants. The following are the charges refused to the defendants, necessary to be set out: 10. If the jury find from the evidence that the conduct of Manford Dees was such as to reasonably lead Donnie May Dees to believe that Manford Dees was about to inflict some bodily harm upon her person, and the…
1Opinion of the CourtMerritt, J.
[1] It appears that by inadvertence the list of jurors furnished to the state and defendants from which to secure a jury in this ease to try the defendants contained the names of others than “all the regular jurors inpaneled for the week, who are competent to try the defendant,” in that it contained the names of two jurors who had been excused, and one whose name was improperly spelled, and that this error was not discovered until the number had been stricken, so that the remaining names constituted an insufficient number to legally comprise the jury. It was clearly the mandatory duty of the…
2Cases cited5 opinions
- Southern Railway Co. v. HobbsSupreme Court of Alabama · 1907
- Harkness v. StateSupreme Court of Alabama · 1900
- Hardley v. StateSupreme Court of Alabama · 1918
- Willingham v. StateSupreme Court of Alabama · 1900
- Sheppard v. StateAlabama Court of Appeals · 1912
3Cited by1 opinion
- Thigpen v. StateCourt of Criminal Appeals of Alabama · 1972