Edwards v. State
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Saifold Berney, Judge. Robert Edwards, alias “Sox,” was indicted for and convicted- of murder in the first degree, and he appealed. The trial court ordered a venire of 80 men from which to select the trial jury, including those drawn and summoned for the regular juries for the week. It appearing that 42 persons had been regularly drawn and summoned, it was ordered that 38 persons be presently drawn to complete the venire.
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Appeal from Circuit Court, Mobile County; Saifold Berney, Judge. Robert Edwards, alias “Sox,” was indicted for and convicted- of murder in the first degree, and he appealed. The trial court ordered a venire of 80 men from which to select the trial jury, including those drawn and summoned for the regular juries for the week. It appearing that 42 persons had been regularly drawn and summoned, it was ordered that 38 persons be presently drawn to complete the venire. Of the 80 men thus constituting the special venire, only 28 were qualified as competent. It was therefore ordered that the jury box…
1Opinion of the CourtSomerville, J.
[1] The order of the court should have directed a venire “including those drawn on the regular juries for the week,” and not “those drawn and summoned.” In this particular the former requirement was changed by the act of September 29, 1919 (Gen. Acts 1919, p. 1041). Walker v. State, 204 Ala. 474, 85 South. 787.
[2] However, no objection was made to the irregularity of the order, and it does not appear that the constitution of the special venire was affected thereby. Defendant had. the number of veniremen specified in the order, and, for aught that appears, the 42 regular veniremen who were…
2Cases cited5 opinions
- Davis v. StateSupreme Court of Alabama · 1914
- Bain v. StateSupreme Court of Alabama · 1883
- Waldrop v. StateSupreme Court of Alabama · 1913
- State v. UnderwoodSupreme Court of Alabama · 1841
- Walker v. StateSupreme Court of Alabama · 1920
3Cited by170 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Stokley v. StateSupreme Court of Alabama · 1950
- Holloway v. StateAlabama Court of Appeals · 1952
- Ex Parte StateSupreme Court of Alabama · 1923
- Bankhead v. StateAlabama Court of Appeals · 1947
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