Murphy v. State
Supreme Court of Alabama
From the Circuit Court o£ Elmore. Tried before the Hon. James B. Dowdell. The statute approved February 28th, 1887, “to more effectually secure competent and well qualified jurors,” is founded on considerations of public policy, and its provisions are imperative. No discretion is vested in the jury commissioners. Their duties are clearly defined, and are easily understood.
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From the Circuit Court o£ Elmore. Tried before the Hon. James B. Dowdell. The statute approved February 28th, 1887, “to more effectually secure competent and well qualified jurors,” is founded on considerations of public policy, and its provisions are imperative. No discretion is vested in the jury commissioners. Their duties are clearly defined, and are easily understood. To allow them to select the grand jurors from the whole number of names drawn, one hundred or more, as was done in this case, would give them a dangerous power, and one liable to great abuses. The irregularity would not be…
1Opinion of the CourtStone, C. J.
The jury law approved February 28, 1887, was in force in Elmore county, at the time the grand jury was drawn and organized, which preferred the indictment in this case. — Sess. Acts 1886-7, p. 151; Code of 1886, § 4299, note. The sole question raised on this appeal is, that the grand jury was not drawn according to the provisions of the statute. The alleged error is as follows: The statute (§ 4) provides, that the jury commissioners shall first draw the requisite number of names, who shall con*46stitute the grand jury, and “next the names of the requisite number of persons to serve as petit…
2Cases cited9 opinions
- Bales v. StateSupreme Court of Alabama · 1879
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- Green v. StateSupreme Court of Alabama · 1882
- Cross v. StateSupreme Court of Alabama · 1879
- Nixon v. StateSupreme Court of Alabama · 1881
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3Cited by9 opinions
- Tanner v. StateSupreme Court of Alabama · 1890
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- Wilkins v. StateSupreme Court of Alabama · 1895
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- Bailey v. StateSupreme Court of Alabama · 1911
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