Ezell v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. ' Tried before the Hon. Thos. M. AebjNgtoN. The appellant was indicted, tried and convicted of murder, and sentenced to be hanged.
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Appeal from the City Court of Montgomery. ' Tried before the Hon. Thos. M. AebjNgtoN. The appellant was indicted, tried and convicted of murder, and sentenced to be hanged. The bill of exceptions, after.reciting that on the case being called both parties announced ready, then proceeds : “The court instructed the sheriff to proceed-to draw the jury, but before a single name had been drawn from the hat the defendant moved the court to quash the venire upon the following ground : that on the list of the jury served on the defendant the names of A. J. McCullough, W. L. Smilie, W. F. Wilson and S.…
1Dissent
COLEMAN, J.,
dissenting. — The defendant was indicted and tried for murder and convicted of murder in the first degree. The question of importance is, whether it was good ground for challenge that the juror Niblett was neither a free-holder nor householder. Section 4331 of the Criminal Code, sub-division 1, provides that, “It is good ground for challenge by either party, — 1. That' the person has not been a resident householder or freeholder of the county for the last preceding year. ” It is conceded in argument that unless this provision is repealed by special act for Montgomery county, the…
2Cases cited7 opinions
- Commissioner of Corporations & Taxation v. Assessors of BostonMassachusetts Supreme Judicial Court · 1947
- Smith v. StateSupreme Court of Alabama · 1876
- Birdsong v. StateSupreme Court of Alabama · 1872
- Ex parte NelsonSupreme Court of Alabama · 1878
- Iverson v. StateSupreme Court of Alabama · 1875
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