Folkes v. State
Alabama Court of Appeals
Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. The defendants, Luther Follies and Joe Baxley, were jointly indicted and tried for the murder of S. P. Saunders by shooting him with a gun, convicted of murder in the second degree, and they appeal. The facts in reference to the juror Hall sufficiently appear.
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Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. The defendants, Luther Follies and Joe Baxley, were jointly indicted and tried for the murder of S. P. Saunders by shooting him with a gun, convicted of murder in the second degree, and they appeal. The facts in reference to the juror Hall sufficiently appear. The witness Jeter was asked, “llave you a fixed opinion as to the guilt or innocence of the defendants that would bias your verdict?” and he answered, “Yes, sir.” He was then asked, “If you were selected as a juror, could you set aside that and decide the case solely on the…
1Opinion of the CourtBrown, P. J.
[1] That a juror “has a fixed opinion as to the guilt or innocence of the defendant, which would bias his verdict,” is a cause for challenge by the defendant, and it is the duty of the trial court, without aid of counsel, to ascertain whether jurors called for the trial of cases of this character are subject to challenge for cause. Code 1907, § 7276; Hammill v. State, 90 Ala. 577, 8 South. 380; Jackson v. State, 77 Ala. 18; Bales v. State, 63 Ala. 30; Hawes v. State, 88 Ala. 37, 7 South. 302; O’Rear v. State, 188 Ala. 71, 66 South. 81.
[2] The juror Hall, on the voir dire examination, in…
2Cases cited19 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Jones v. StateSupreme Court of Alabama · 1913
- McAnally v. StateSupreme Court of Alabama · 1883
- Bales v. StateSupreme Court of Alabama · 1879
- Jarvis v. StateSupreme Court of Alabama · 1902
14 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fisher v. StateCourt of Criminal Appeals of Alabama · 1991
- Mullins v. StateAlabama Court of Appeals · 1944
- Hill v. StateSupreme Court of Alabama · 1923
- Baxley v. StateAlabama Court of Appeals · 1921
- Dodd v. StateAlabama Court of Appeals · 1946
8 more not listed; retrieve them via the Exa API.