Davis v. State
Supreme Court of Alabama
Appeal from Elmore Circuit Court. Heard before Hon. W. W. Pearson. John Davis was convicted of murder in the first degree, and he appeals. It appears from the transcript that in drawing the venire for the case of State v. Walter Harrison the following were drawn as jurors and placed upon said venire : W. R. De Bardalaben, O. H. Williams, J. R. Roy, L. T. Norris, S. M. Peevey, J. H. Jones, and T. R. Collier.
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Appeal from Elmore Circuit Court. Heard before Hon. W. W. Pearson. John Davis was convicted of murder in the first degree, and he appeals. It appears from the transcript that in drawing the venire for the case of State v. Walter Harrison the following were drawn as jurors and placed upon said venire : W. R. De Bardalaben, O. H. Williams, J. R. Roy, L. T. Norris, S. M. Peevey, J. H. Jones, and T. R. Collier. It further appears that H. P. Wideman was drawn as a grand juror for the term of the court at which this venire was drawn, and that he served upon the grand jury, and that S. P. Storrs and…
1Opinion of the CourtEvans, J.
The motion by defendant to quash the venire should have been sustained. When the names had been drawn out of the jury box for the trial of another capital case, they could not be restored to the jury box by the presiding judge, or any one else, and then drawn for the trial of defendant Avithout thereby making an illegal venire. It is the purpose of the law that the jury box shall be filled only by the jury commissioners at the time and in the manner prescribed by law, and whenever a name is draAvn therefrom for forming any jury, regular or special, that name can never be re*56stored to the box…
2Cases cited13 opinions
- Smith v. StateSupreme Court of Alabama · 1889
- Jackson v. StateSupreme Court of Alabama · 1884
- Sanford v. StateSupreme Court of Alabama · 1904
- Cawley v. StateSupreme Court of Alabama · 1901
- Parsons v. StateSupreme Court of Alabama · 1853
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Elkins v. StateSupreme Court of Alabama · 1948
- H. H. Hitt Lumber Co. v. Cullman Property Co.Supreme Court of Alabama · 1914
- Dickey v. StateAlabama Court of Appeals · 1916
- Mullins v. StateAlabama Court of Appeals · 1930
- Sims v. StateSupreme Court of Alabama · 1950
9 more not listed; retrieve them via the Exa API.