Holland v. State
Supreme Court of Alabama
Appeal from Oullmaoi Circuit Court. Heard before Hon. D. W. Speake. John Holland was convicted of murder in the first degree, and he appeals. It appears that at the time of the killing an adjourned term of the court was being held, in the calling of which no order had been entered for a grand jury, but only the petit jurors had been ordered and summoned.
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Appeal from Oullmaoi Circuit Court. Heard before Hon. D. W. Speake. John Holland was convicted of murder in the first degree, and he appeals. It appears that at the time of the killing an adjourned term of the court was being held, in the calling of which no order had been entered for a grand jury, but only the petit jurors had been ordered and summoned. During the progress of the term the court drew and impaneled a grand jury, who investigated the killing and returned the indictment. The motion and pleas addressed to the indictment raise these questions. The facts sufficiently appear in the…
1Opinion of the CourtAnderson, J.
The indictment was returned by a grand jury specially drawn and organized by the court or judge as provided by section 3249 of the Code of 1907.
Sections 7261 and 3249 of the Code of 1907 are not in conflict, as there is a field of operation for both. Section 7261 provides for the drawing of juries for adjourned or special terms, by the jury commission, upon the order of the clerk, when the judge orders same prior to the convening of said special or adjourned terms. Section 3249 provides for the drawing of juries by the judge or court during the special or adjourned term when the order for…
2Cases cited5 opinions
- McAnally v. StateSupreme Court of Alabama · 1883
- Fonville v. StateSupreme Court of Alabama · 1890
- Clements v. StateSupreme Court of Alabama · 1874
- Birt v. StateSupreme Court of Alabama · 1908
- Ex parte MerrittSupreme Court of Alabama · 1904
3Cited by36 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Commonwealth v. DelValleMassachusetts Supreme Judicial Court · 1966
- Brown v. StateAlabama Court of Appeals · 1946
- Clemons v. StateSupreme Court of Alabama · 1910
- Town of Athens v. MillerSupreme Court of Alabama · 1914
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