Ezell v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. ' Tried before the Hon. Thos. M. AebjNgtoN. The appellant was indicted, tried and convicted of murder, and sentenced to be hanged.
Read the full summary
Appeal from the City Court of Montgomery. ' Tried before the Hon. Thos. M. AebjNgtoN. The appellant was indicted, tried and convicted of murder, and sentenced to be hanged. The bill of exceptions, after.reciting that on the case being called both parties announced ready, then proceeds : “The court instructed the sheriff to proceed-to draw the jury, but before a single name had been drawn from the hat the defendant moved the court to quash the venire upon the following ground : that on the list of the jury served on the defendant the names of A. J. McCullough, W. L. Smilie, W. F. Wilson and S.…
1Opinion of the Court
STONE, C, J.
It has long been the general law .of this State that only freeholders and householders of the county are competent to do jury duty. Hence it was ground of challenge for cause if the person offered for such service was neither a freeholder nor a householder. But the act “To more effectually secure competent and well qualified jurors in the county of Montgomery,” has, it is contended, changed that rule, so far as that county is concerned. — Act approved February 21, 1887 — Sess. Acts 1886-87, p. 190. In section 3 of that act it is declared that the jury commissioners shall select…
2Cases cited4 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Steele v. StateSupreme Court of Alabama · 1887
- Iverson v. StateSupreme Court of Alabama · 1875
- Murphy v. StateSupreme Court of Alabama · 1888
3Cited by5 opinions
- Sims v. StateSupreme Court of Alabama · 1903
- Johnson v. StateSupreme Court of Alabama · 1919
- Edson v. StateSupreme Court of Alabama · 1901
- Ezell v. StateSupreme Court of Alabama · 1893
- Evers v. StateAlabama Court of Appeals · 1930