Lewis v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before tire Hon.' A. D. Sanee. Lorenzo Lewis was indicted for assault with intent to murder ,and was convicted of assault and battery.
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Appeal from the City Court of Montgomery. Tried before tire Hon.' A. D. Sanee. Lorenzo Lewis was indicted for assault with intent to murder ,and was convicted of assault and battery. Tbe defendant pleaded former jeopardy in two special pleas; tbe facts stated in tbe first of which are sufficiently set out in the opinion. ■ The second of these pleas merely stated that after issue had been joined on the indictment in the pending case in a former trial, and after a witness had been examined, the court, without request of the defendant, excused one of the jurymen and caused him to stand aside…
1Opinion of the Court
", ’ MoOLELLAN/ 0:; .J.-
— Coiistruiug tbe first plea of 'former jeopardy ‘ihbst strongly against tbe defendant, it shows only thatjlie juryman,' Oliambless, was directed d>y. tbe court. to, leave tbe jury box, that he thereupon Stood aside, in the court room under tbe eye and in tbe '^presence'of the court, that immediately thereupon tbe ■defendant objected to bis'being taken off the jury and jtiie congt thereupon immediately directed and caused liim .tig resume bis place among tbe jurors and as a member .of tile 'jury.' Clearly upon this state of facts this 'juror ivas never discharged from…
2Cases cited2 opinions
- Morrisette v. StateSupreme Court of Alabama · 1884
- Kendall v. StateSupreme Court of Alabama · 1880
3Cited by14 opinions
- Lee v. StateAlabama Court of Appeals · 1943
- Schley v. StateSupreme Court of Florida · 1904
- Powell v. StateAlabama Court of Appeals · 1912
- Mitchell v. StateSupreme Court of Alabama · 1900
- State v. RodriguezNew Mexico Supreme Court · 1917
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