Gibson v. State
Supreme Court of Alabama
From the Circuit Court of Crenshaw. ' Tried before the Hon. John P. Hubbard. The defendants in this case, Ben. and Sam. Gibson, were jointly indicted and tried for the murder of John Smith, by shooting him with a pistol, or by cutting him with a knife; were jointly tried, each convicted of murder in the second degree, and sentenced to the penitentiary for the term of twenty years.
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From the Circuit Court of Crenshaw. ' Tried before the Hon. John P. Hubbard. The defendants in this case, Ben. and Sam. Gibson, were jointly indicted and tried for the murder of John Smith, by shooting him with a pistol, or by cutting him with a knife; were jointly tried, each convicted of murder in the second degree, and sentenced to the penitentiary for the term of twenty years. During the organization of the petit jury, as the bill of exceptions shows, the defendants made several motions to quash the special venire, based on mistakes in names, disqualification of persons summoned, &c., as…
1Opinion of the CourtSomerville, J.
1. It was no ground upon which to quash the venire of special jurors summoned for the trial of the defendants, that one of those named on the list was a minor under twenty-one years of age; that another was a female instead of a male; that another had been dead for more than a year; that another was a non-resident of the county, or that there was a mistahe in the name of still another. These errors made it the duty of the court to direct the names of such disqualified persons to be discarded, and others to be summoned to supply their places, unless, in the opinion of the court, the ends of…
2Cases cited14 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- Williams v. StateSupreme Court of Alabama · 1886
- Ex parte NettlesSupreme Court of Alabama · 1877
- Roberts v. StateSupreme Court of Alabama · 1881
- Amos v. StateSupreme Court of Alabama · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by106 opinions
- Bankston v. StateSupreme Court of Alabama · 1978
- Morris v. StateSupreme Court of Alabama · 1906
- Lewis v. MartinSupreme Court of Alabama · 1923
- Burns v. StateSupreme Court of Alabama · 1934
- Powers v. CommonwealthCourt of Appeals of Kentucky · 1901
101 more not listed; retrieve them via the Exa API.