Cook v. State
Supreme Court of Alabama
Appkal from tlie Circuit Court of Geneva. Tried before tlie Hon. John P. Hubbard. The appellant in this case, Sewell Cook, was jointly indicted with Marshall Rambo for the robbery of John Huttman. On the demand of defendant a severance was granted and Cook was tried separately.' He was convicted of an “assault with the intent to rob,” and was sentenced to the penitentiary for four years.
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Appkal from tlie Circuit Court of Geneva. Tried before tlie Hon. John P. Hubbard. The appellant in this case, Sewell Cook, was jointly indicted with Marshall Rambo for the robbery of John Huttman. On the demand of defendant a severance was granted and Cook was tried separately.' He was convicted of an “assault with the intent to rob,” and was sentenced to the penitentiary for four years. Before entering upon the trial of the case, the defendant moved the court,to quash the'venire drawn for this cause, for the reason, that no special venire had been drawn by the court from the jury box and…
1Opinion of the Court
HARALSON, J.- — 1.
1. Three capital cases were set down for trial on the same day, and a special venire *139of 5.0 persons, to serve as jurors on the trial of .each case and for all of them, was drawn. The defendant moved to quash the venire “for the reason that no special venire had been ordered by the court and summoned by the sheriff for the trial of the defendant, but that the court had drawn, and the sheriff had summoned the special venire for all three of said trials,” which .motion was overruled. . . .
The present statute requires the court, to draw, “not less than .35.,nor more than 50…
2Cases cited1 opinion
- Thomas v. StateSupreme Court of Alabama · 1899
3Cited by5 opinions
- Fincher v. StateSupreme Court of Alabama · 1924
- Sparks v. StateCourt of Criminal Appeals of Alabama · 1970
- Caraway v. StateAlabama Court of Appeals · 1924
- Mitchell v. StateAlabama Court of Appeals · 1944
- Hern v. StateAlabama Court of Appeals · 1931