Gerald v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. The appellant, Adolphus S. Herald, Jr., was tried under an indictment charging that he “unlawfully and with malice aforethought killed I). A. Hyatt by shooting him with a pistol,” was convicted of manslaughter in the first degree and sentenced to the penitentiary for ten years.
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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. The appellant, Adolphus S. Herald, Jr., was tried under an indictment charging that he “unlawfully and with malice aforethought killed I). A. Hyatt by shooting him with a pistol,” was convicted of manslaughter in the first degree and sentenced to the penitentiary for ten years. On July 17, 1900, the defendant being present, the cause was set for tidal on August 2, 1900. There was an order made foi* the drawing of a special venire for the trial of the case. On August 2d, the cause was continued until August 3d, the…
1Opinion of the CourtHaralson, J.
1. Until one summoned as a juryman to try a-cause has been sworn as such, he does not become a juryman to try it. The fact that Teasley, who had been ascertained and accepted by each party us a ’proper juryman, before he was sworn, and while the preliminary siteps were being taken to select and complete a jury, had been allowed by the court to step to another part of the court-house, did not constitute a ground for the discharge of the jury after it had been impanneled. nor did it operate to discharge the defendant, as moved for :by him on the ground that there had been a separation of the…
2Cases cited5 opinions
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3Cited by11 opinions
- Smith v. StateSupreme Court of Alabama · 1913
- Kissic v. StateSupreme Court of Alabama · 1957
- Gurley v. StateSupreme Court of Alabama · 1927
- Carter v. StateSupreme Court of Alabama · 1921
- Hanye v. StateSupreme Court of Alabama · 1924
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