Caddell v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Bibb. Tried before the Horn John Mooue. The appellant in this case, Festus Caddell, was. jointly «indicted with Lillian Gardner for ¡the murder-of Mamie Caddell, his wife, by shooting her with a pisco!. On motion of the defendants a severance was-had and the defendant in the present case was tried' separately, was convicted of murder in the fir sit degree- and sentenced to be hanged.
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Appeal from the Circuit Court of Bibb. Tried before the Horn John Mooue. The appellant in this case, Festus Caddell, was. jointly «indicted with Lillian Gardner for ¡the murder-of Mamie Caddell, his wife, by shooting her with a pisco!. On motion of the defendants a severance was-had and the defendant in the present case was tried' separately, was convicted of murder in the fir sit degree- and sentenced to be hanged. The court ordered that fifty persons be drawn as. special jurors to serve in said cause, and that said special jurors so drawn and the regular jurors for the-week in which the…
1Opinion of the CourtShaepe, J.
From the facts shown in connection with the motion to quash the venire we are of the opinion that the names “Acey Blake” and A. F. Blake appearing on the venire were each intended to and did in fact designate a different person. Therefore, the case is noit brought within the principle which vitiates a special venire where ‘by repetition of names jurors are diminished below the requisite number, as in the cases of Darby v. State, 92 Ala. 9; McQueen v. State, 94 Ala. 50; Roberts v. State, 68 Ala. 515.
'The fact if it be a fact that one of those persons was not summoned or was absent at the trial…
2Cases cited13 opinions
- Parsons v. StateSupreme Court of Alabama · 1886
- Ford v. StateSupreme Court of Alabama · 1882
- Martin v. StateSupreme Court of Alabama · 1889
- Johnson v. StateSupreme Court of Alabama · 1891
- Arp v. StateSupreme Court of Alabama · 1892
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3Cited by17 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Arant v. StateSupreme Court of Alabama · 1936
- George v. StateSupreme Court of Alabama · 1941
- Braham v. StateSupreme Court of Alabama · 1904
- Dulaney v. BurnsSupreme Court of Alabama · 1928
12 more not listed; retrieve them via the Exa API.