McNeil v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before Hon. C. F. Moulton. The appellant was .convicted of living in adultery, &c., and fined one hundred dollars.
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Appeal from the City Court of Mobile. Tried before Hon. C. F. Moulton. The appellant was .convicted of living in adultery, &c., and fined one hundred dollars. The judgment entry, so far as relates to the oath administered the jury, was as follows: “November 29th, 1871. This day came the State of Alabama, by its solicitor, and the defendants, with their counsel, and said defendants were arraigned on an indictment charging them with the crime of adultery, to which charge they severally pleaded not guilty; and thereupon came a jury of lawfully qualified men, to-wit, T. A. Malone and eleven…
1Opinion of the CourtB. E. Saeeold, J.
The defendant appeals from a Sentence for hving in adultery.
The first objection is, that the jury was not properly sworn. The recital of the record is, “thereupon came a jury of lawfully qualified men, to-Avit: T. A. Malone, and eleven others, Avho being impanneled and sworn well and truly to try the issue joined, and having heard the evidence,” &c. In McGuire v. The State, (37 Ala. 161,) and Pile v. The State, (5 Ala. 72,) the recital in the judgment-entry was the same as in this case, and was held to be sufficient. It is manifest that the oath administered was not attempted to be set out in…
2Cases cited3 opinions
- Collins v. StateSupreme Court of Alabama · 1859
- McGuire v. StateSupreme Court of Alabama · 1861
- State v. PileSupreme Court of Alabama · 1843
3Cited by10 opinions
- Leith v. StateSupreme Court of Alabama · 1921
- Commonwealth v. HouseSuperior Court of Pennsylvania · 1897
- Harper v. StateSupreme Court of Alabama · 1895
- Walker v. StateSupreme Court of Alabama · 1931
- Johnson v. StateSupreme Court of Alabama · 1893
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