Johnson v. State
Alabama Court of Appeals
Appeal from Madison Law and Equity Court. Heard before Hon. James H. Ballentine. Richard Johnson was convicted of homicide and he appeals. The order appears sufficient as it in effect fixed the number of jurors at sixty-two, although not 'fixing it in so many words. — Gresham v. The State, 1 Ala. App. 220; Costello v. The State, 58 South. 202.
1Opinion of the Court
de GRAFFENRIED, J. —
The only question presented to us by this record challenges the legality of the jury which tried the defendant. Section 32 of the jury laiv (see Gen. & Loc. Acts Sp. Sess. 1909, pp. 305, 320) undoubtedly requires the trial court to fix, by an order, the number of persons which shall constitute the venire *44from which the jury for the trial of a capital felony shall he selected. This number shall not be less than 50. nor more than 100, and shall include the persons drawn and summoned for the week set for the trial of the case.
In the present case the court made an order that…
2Cases cited1 opinion
- Costello v. StateSupreme Court of Alabama · 1912
3Cited by3 opinions
- Linggold v. StateAlabama Court of Appeals · 1913
- Hooten v. StateAlabama Court of Appeals · 1913
- Williams v. StateAlabama Court of Appeals · 1920