Coates v. State
Alabama Court of Appeals
Appeal from Gadsden City Court. Heard before Hon. James A. Bilbao. Cleveland Coates was convicted of murder and be appeals.
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Appeal from Gadsden City Court. Heard before Hon. James A. Bilbao. Cleveland Coates was convicted of murder and be appeals. Tbe order fixed tbe venire at fifty names, and fifteen additional names were drawn, but only fourteen summoned, and hence, the venire was in violation of section 32. — Acts 1909, p. 319; Bailey v. The State, in MS. There was a mistake in the names of two of the jurors and these should have been discarded and others summoned. — Section 7267, Code 1907. The court erred in failing to quash the venire.— Cole v. The State, 105 Ala. 81; Jackson v. The State, 77 Ala. 23.…
1Opinion of the Court
WALKER, P. J.-
As to the proceedings to be taken in preparation for the trial of a person indicted for a capital felony, there is no suggestion that in this case there was a failure to comply with any requirement of the statute (Acts Sp. Sess. 1909, pp. 305, 319) up to and including the action of the court in causing an order to be issued to the sheriff to summon the jurors specially drawn and forthwith to serve upon defendant a list of the names of all the jurors summoned for the week in which the trial was set, and those specially drawn, together with a copy of the indictment.
The action of…
2Cases cited9 opinions
- Smith v. StateSupreme Court of Alabama · 1904
- Gilmore v. StateSupreme Court of Alabama · 1899
- Pitts v. StateSupreme Court of Alabama · 1903
- Cribbs v. StateSupreme Court of Alabama · 1888
- Harrison v. StateSupreme Court of Alabama · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Ex Parte EdwardsSupreme Court of Alabama · 1983
- Miller v. StateAlabama Court of Appeals · 1956
- Allred v. StateCourt of Criminal Appeals of Alabama · 1975
- Lewis v. StateSupreme Court of Alabama · 1912
- Harris v. StateCourt of Criminal Appeals of Alabama · 1972
13 more not listed; retrieve them via the Exa API.