Sanders v. State
Supreme Court of Alabama
Appeal from tlie Circuit Court of Perry. Tried before the Hou. John Moore. The appellant in this case, John Green Sanders, was jointly indicted with his brother, Luke Sanders, for the murder of William Mullen. On motion of the defendants there Avas a severance and the appellant in the present case, upon separate trial, Avas convicted of murder in the first degree and sentenced to be hung.
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Appeal from tlie Circuit Court of Perry. Tried before the Hou. John Moore. The appellant in this case, John Green Sanders, was jointly indicted with his brother, Luke Sanders, for the murder of William Mullen. On motion of the defendants there Avas a severance and the appellant in the present case, upon separate trial, Avas convicted of murder in the first degree and sentenced to be hung. The bill of exceptions* contains the folloAving recital as to the organization of the jury for the trial of the defendant, the motions of the defendant to quash the venire, and the ruling of the court…
1Opinion of the Court
DOWDELL, J
The drawing of the names of the jurors, who should constitute: the jury of twelve for the trial of the defendant, was in conformity with the requirement of statute. — Code, § 5009. The failure to put into the box, or substitute therefor, from which the drawing was to be had, the names of those jurors drawn on the special venire, who could niot be. found and therefore were not summoned, and which fact was also shown by the sheriff’s return on the writ, was no ground for quashing the venire, and the court committed no error in. overruling the motion to quash for that cause-.
After…
2Cases cited2 opinions
- Brown v. StateSupreme Court of Alabama · 1897
- Kelsoe v. StateSupreme Court of Alabama · 1872
3Cited by16 opinions
- Daniels v. StateSupreme Court of Alabama · 1943
- Robinson v. StateSupreme Court of Alabama · 1943
- Helms v. StateSupreme Court of Alabama · 1950
- Fowler v. StateSupreme Court of Alabama · 1908
- Davis v. StateAlabama Court of Appeals · 1913
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