Williams v. State
Supreme Court of Alabama
Appeal from Marion Circuit Court. Heard before Hon. Joseph H. Nathan. W. A. Williams appeals from a conviction., ■■ The following is-- a copy of the record as to supplying a juror in,-this cause: -.“On the.22d day of November, 1905, came into open court the grand jury, and the foreman reported that one member of the grand jury, namely, O. C. Gant, was sick and desired to be excused.
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Appeal from Marion Circuit Court. Heard before Hon. Joseph H. Nathan. W. A. Williams appeals from a conviction., ■■ The following is-- a copy of the record as to supplying a juror in,-this cause: -.“On the.22d day of November, 1905, came into open court the grand jury, and the foreman reported that one member of the grand jury, namely, O. C. Gant, was sick and desired to be excused. On investigation and hearing the evidence, the court decided that juror ivas sick and unable to further serve as member of said jury, and was excused from further service by the court. The number of said jury…
1Opinion of the CourtMcOLELLAN, J.
Appellant was convicted of peddling without license. A motion was made in the court beloiv to quash the indictment upon the grounds: First, that it does not affirmatively appear that the indictment was presented to the court by the foreman of the grand jury in the piesence of 11 other jurors; second, that section 5023 ivas not complied with in discharging a sick juror and supplying his place, so as to complete the grand jury. The first ground of the motion was properly overruled.-—McKee’s Case, 82 Ala. 32, 2 South. 451. The other objection is vain, because the record shows a substantial…
2Cases cited5 opinions
- McKee v. StateSupreme Court of Alabama · 1886
- Harris v. StateSupreme Court of Alabama · 1874
- Hirschfelder v. StateSupreme Court of Alabama · 1850
- Keller v. StateSupreme Court of Alabama · 1898
- Hafter v. StateSupreme Court of Alabama · 1874
3Cited by3 opinions
- Roan v. StateSupreme Court of Alabama · 1932
- Birdsong v. StateCourt of Criminal Appeals of Alabama · 2005
- Meadows v. StateAlabama Court of Appeals · 1925