Untreinor v. State
Supreme Court of Alabama
Appeal from Monroe Circuit Court. Heard lief ore Hon. John T. Lackland. The defendant was indicted and tried for murder in the first degree. In selecting the jury to try the case from the special venire, the judge had the names of six persons drawn from the hat, and had the six come around and he sworn, and then asked each the qualifying questions, permitting all six to answer the same at one and the same time. To this, the defendant excepted.
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Appeal from Monroe Circuit Court. Heard lief ore Hon. John T. Lackland. The defendant was indicted and tried for murder in the first degree. In selecting the jury to try the case from the special venire, the judge had the names of six persons drawn from the hat, and had the six come around and he sworn, and then asked each the qualifying questions, permitting all six to answer the same at one and the same time. To this, the defendant excepted. Before the jury was completed the venire'was exhausted. The jury as selected was composed of eleven men. One more was needed to complete it. The court…
1Opinion of the CourtDowdell, J.
The defendant Avas indicted at the spring term, 1904, of the circuit court of Monroe county for murder in the first degree. On this indictment he Avas tried at the spring term, 1906. He Avas tried and convicted of murder in the second degree and sentenced to imprisonment in the penitentiary for a term of ten years. Before entering upon the trial the defendant made a motion to quash the indictment, upon the ground that the jury Avhich preferred the indictment had not been draAvn according to laAAg in that the jury commissioners in drawing the grand jury dreAV 24 jurors, which Ayas in excess of…
2Cases cited8 opinions
- Walker v. StateSupreme Court of Alabama · 1890
- Koch v. StateSupreme Court of Alabama · 1896
- Rodgers v. StateSupreme Court of Alabama · 1906
- Teague v. StateSupreme Court of Alabama · 1906
- Crane v. StateSupreme Court of Alabama · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Boulden v. HolmanSupreme Court of the United States · 1969
- Cooper v. StateTennessee Supreme Court · 1909
- Aaron v. StateSupreme Court of Alabama · 1961
- Brock v. StateAlabama Court of Appeals · 1937
- Massey v. StateCourt of Criminal Appeals of Alabama · 1972
4 more not listed; retrieve them via the Exa API.