Mizell v. State
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Prank J. Mizell was convicted of murder in the second degree and sentenced to the penitentiary for 25 years, and he appeals. The defendant pleaded in abatement in pleas 1 and 2 the facts set forth in the opinion.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Prank J. Mizell was convicted of murder in the second degree and sentenced to the penitentiary for 25 years, and he appeals. The defendant pleaded in abatement in pleas 1 and 2 the facts set forth in the opinion. The third plea was that the grand jury was illegally drawn in that the presiding judge of the circuit did not draw the jury, and the record does not disclose by whom said jury was drawn or when drawn, and does not disclose any authority for the summoning of said jury. The fifth plea sets up that Hon. R. H. Parks was…
1Opinion of the CourtAnderson, J.
— Section 15 of the present jury law (Acts 1909 [Sp-. Sess.] p. 310), among other things, provides that if for any reason “the judge of the court fails to draw the juries as required in this section before the twenty days above mentioned the clerk of such court shall notify the judge of any court of record, except probate judges, residing nearest to the place of holding the court, and it shall be his duty upon receiving such notification to immediately draw the juries for the next term of the court in the manner herein* provided.” The defendant’s pleas 1 and 2 question the action of Judge…
2Cases cited2 opinions
- Parsons v. StateSupreme Court of Alabama · 1886
- Gilbert v. StateSupreme Court of Alabama · 1911
3Cited by8 opinions
- Vernon v. StateSupreme Court of Alabama · 1940
- Brown v. StateAlabama Court of Appeals · 1946
- Farley v. StateAlabama Court of Appeals · 1948
- Evers v. StateAlabama Court of Appeals · 1933
- Adkins v. CampSupreme Court of Alabama · 1925
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