Clemons v. State
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. From a conviction of murder Bob Clemons appeals.
Read the full summary
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. From a conviction of murder Bob Clemons appeals. The power of the court to make an order for tbe grand jury must be found under statutes creating tbe court, or the general statute. — O’Byrne v. The State, 51 Ala. 25. There is no discretion resting in the court, to organize a grand jury in a manner other than the statute provides. — Berry v. The State, 63 Ala. 126; Tucker v. The State, 44 South. 587. See in this connection Local Acts p. 193. Objections to the formation of the grand jury may be allowed in two classes of…
1Opinion of the CourtMayfield, J.
The case made by appellant is as follows: The accused was indicted, tried, and convicted for the murder of Nettie Edmonson. The indictment was found at a regular term of the Morgan county law and equity court by a grand jury organized under an order of the court based on the failure of *23the jury commissioners to draw a grand jury for that term of.court. Said order directed the jury commissioners to draw a sufficient number of qualified citizens to compose a grand jury, and the sheriff was therein commanded to summon the grand jury so drawn. The record shows that one Tom Edmonson and his…
2Cases cited23 opinions
- Winslow v. StateSupreme Court of Alabama · 1884
- Ogletree v. StateSupreme Court of Alabama · 1856
- Fonville v. StateSupreme Court of Alabama · 1890
- Martin v. StateSupreme Court of Alabama · 1898
- Nordan v. StateSupreme Court of Alabama · 1904
18 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Ex Parte KennedySupreme Court of Alabama · 1985
- Roan v. StateSupreme Court of Alabama · 1932
- Williams v. StateCourt of Criminal Appeals of Alabama · 1983
- Gettings v. StateAlabama Court of Appeals · 1947
- Patterson v. StateSupreme Court of Alabama · 1918
30 more not listed; retrieve them via the Exa API.