Bailey v. State
Supreme Court of Alabama
Carnal Knowledge of Female Under Twelve Years. Appeal from Jefferson Criminal Court. Heard before Hon. Wm. E. Fort. William Moseley Bailey was convicted of the offense denounced by Section 7699, Code 1907, and he appeals.
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Carnal Knowledge of Female Under Twelve Years. Appeal from Jefferson Criminal Court. Heard before Hon. Wm. E. Fort. William Moseley Bailey was convicted of the offense denounced by Section 7699, Code 1907, and he appeals. The court was in error in quashing the venire and in ordering- a new grand jury, and the grand jury thus organized, was illegal.— Section 7257, Code 1907; Andrews v. State, 159 Ala. 14; O’Brien v. State, 51 Ala. 25; Fryer v. State, 146 Ala. 7; Trammell v. State, 151 Ala. 18. The court put upon the defendant am illegal special venire and should have quashed the same. —…
1Opinion of the CourtSomebyille, J.
The defendant was tried and convicted on -an indictment for carnal knowledge of a girl under 12 years of age. The indictment was found at the April term, 1909, of the criminal court of Jefferson county. The record shows that the jury corn-mis*420sioners deposited with the clerk of the court a list of 21 names drawn to serve as grand jurors at the April term beginning April 5th; that the clerk issued a summons for them on March 8, 1909; and that on April 3d the sheriff returned the writ with his indorsement showing that all of the venire named had been duly summoned. On April 5, 1909, the return…
2Cases cited5 opinions
- Jackson v. StateSupreme Court of Alabama · 1911
- O'Byrnes v. StateSupreme Court of Alabama · 1874
- Thomas v. StateSupreme Court of Alabama · 1891
- Fryer v. StateSupreme Court of Alabama · 1906
- Murphy v. StateSupreme Court of Alabama · 1888
3Cited by10 opinions
- Andrews v. StateSupreme Court of Alabama · 1911
- Whittle v. StateSupreme Court of Alabama · 1921
- Evans v. StateSupreme Court of Alabama · 1923
- Waldrop v. StateSupreme Court of Alabama · 1913
- Mullins v. StateAlabama Court of Appeals · 1930
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