Childs v. State
Supreme Court of Alabama
Appeal from Geneva County Court. Tried before Hon. E. J. Borland. The points presented for decision on appeal in these two cases, which were submitted together, are precisely the same.
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Appeal from Geneva County Court. Tried before Hon. E. J. Borland. The points presented for decision on appeal in these two cases, which were submitted together, are precisely the same. The defendant moved to quash the venire of jurors summoned to attend court on the grounds: 1. That they were not drawn on the first Monday in January. 2. That they were not selected from the list as required'by law. 3. That the act is unconstitutional, in that it requires that said jury shall be drawn as other juries under the general law in the Code. In support of his motion, defendant examined the sheriff of…
1Opinion of the CourtColeman, J.
— -The record of the pleadings and judgment entry in this case affirmatively shows, that the defendant was tried and convicted, as charged in the indictment, without having pleaded to the indictment;. and affirmatively shows that the plea of “not guilty” was not entered by the court for him, and that there was no issue joined. In Jackson v. The State, 91 Ala. 55, we held, “There can be no trial on the merits in a criminal case until the defendant has pleaded not guilty, or this plea has been entered for him by the court.” Fisher v. The State, 46 Ala. 723; Ib. 227; Fernandez v. The State, 7…
2Cases cited11 opinions
- State v. PittsSupreme Court of Missouri · 1875
- Arp v. StateSupreme Court of Alabama · 1892
- Colt v. EvesSupreme Court of Connecticut · 1837
- Jackson v. StateSupreme Court of Alabama · 1890
- Commissioners Court v. RatherSupreme Court of Alabama · 1872
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. WaltonOregon Supreme Court · 1907
- Chesnut v. StateAlabama Court of Appeals · 1950
- Towns v. StateSupreme Court of Alabama · 1895
- Rorex v. StateAlabama Court of Appeals · 1967
- Browning v. StateNebraska Supreme Court · 1898
6 more not listed; retrieve them via the Exa API.