Tatum v. State
Supreme Court of Alabama
From the Circuit Court of Monroe. Tried before the Hon. Wm. E. Clarke. The defendant in this case, Charley Tatum, was indicted for the murder of James A. Stewart, by shooting him with a gun; pleaded not guilty, was convicted of murder in the first degree, and sentenced to the penitentiary for life.
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From the Circuit Court of Monroe. Tried before the Hon. Wm. E. Clarke. The defendant in this case, Charley Tatum, was indicted for the murder of James A. Stewart, by shooting him with a gun; pleaded not guilty, was convicted of murder in the first degree, and sentenced to the penitentiary for life. On the. trial, as appears from the bill of exceptions, the name of A. C. Grimes being called as a juror, “he was asked by. the solicitor, if he had a fixed opinion against capital or penitentiary punishment; to which he answered, that he had not, but that he would not hang a man on circumstantial…
1Opinion of the CourtSomerville, J.
— 1. The juror Grimes was properly held to be incompetent, and the subject of challenge under the provisions of section 4883 of the present Code of 1876. The precise question, in legal effect, was settled in Jackson v. State, 74 Ala. 26, and again in Garrett v. State, 76 Ala. 18.
2. The jury in the present cause was organized under the act approved February 17, 1885 (Acts Ala. 1884-85, pp. 181-187), which is applicable to the county of Monroe. Under the provisions of this law (§ 10, p. 186), a defendant in a capital case is entitled to only twelve peremptory challenges, instead of twenty-one…
2Cases cited6 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Jackson v. StateSupreme Court of Alabama · 1883
- Garrett v. StateSupreme Court of Alabama · 1884
- Block v. StateSupreme Court of Alabama · 1880
- Askew Bros. v. Steiner & LobmanSupreme Court of Alabama · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Burton v. StateSupreme Court of Alabama · 1894
- Dixon v. StateAlabama Court of Appeals · 1936
- Hare v. KennerlySupreme Court of Alabama · 1887
- State ex rel. Attorney General v. Louisville & N. R. R.Supreme Court of Alabama · 1908