Stover v. State
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; D. A. Greene, Judge. Will Stover was convicted of murder in the first degree, and he appeals. Affirmed. The court should have granted the motion to quash the venire and continue the case.
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Appeal from Circuit Court, Jefferson County; D. A. Greene, Judge. Will Stover was convicted of murder in the first degree, and he appeals. Affirmed. The court should have granted the motion to quash the venire and continue the case. Sections 7276, 7277, Code 1907; 109 Ala. 45, 19 South. 491; 110 Ala. 11, 20 South. 363; 44 Ala. 81; 48 Ala. 386; 58 Ala. 594. The court erred in permitting the opinion of the solicitor, expressed in the woods at the scene of the homicide, to go to the jury. 83 Miss. 519, 35 South. 873; 143 Ala. 603, 42 South. 73, 5 Ann. Cas. 709; 148 Ala. 675; 163 Ala. 348, 50…
1Opinion of the CourtAnderson, C. J.
[1-4] The defendant moved the court to quash the venire and grant him a continuance of the case upon the ground that the members of the venire from which his jury was to be selected had been in court during the week and had heard the evidence and arguments in the case of Alex Hill who .was tried for killing with him jointly the same person for whom he was then being placed upon trial for killing. It would have been good grounds for challenge for cause of any jurors who may have tried the said Alex Hill (Wickard v. State, 109 Ala. 45, 19 South. 491), but the fact that all or some of the…
2Cases cited2 opinions
- Powell v. FolmarSupreme Court of Alabama · 1918
- Wickard v. StateSupreme Court of Alabama · 1895
3Cited by52 opinions
- Wimbush v. StateSupreme Court of Alabama · 1939
- Windom v. StateAlabama Court of Appeals · 1922
- Orr v. StateSupreme Court of Alabama · 1938
- Dukes v. StateSupreme Court of Alabama · 1923
- Lane v. StateAlabama Court of Appeals · 1959
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