Shelton v. State
Supreme Court of Alabama
Appeal from TIale Circuit Court. Tried before Hon. John Moore. At the fall term, 1882, of said court, Frank Shelton, the defendant in the court below, appellant here, was indicted for the murder of Lucy Shelton; and at the next term, he was tried, convicted of murder in the first degree, and sentenced to be hung.
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Appeal from TIale Circuit Court. Tried before Hon. John Moore. At the fall term, 1882, of said court, Frank Shelton, the defendant in the court below, appellant here, was indicted for the murder of Lucy Shelton; and at the next term, he was tried, convicted of murder in the first degree, and sentenced to be hung. When the parties announced themselves ready for .trial twelve of the regular jurors for the week, whose names were on the venire which had been served on the defendant, were absent from the court room, and were in the jury room, considering the case of one McCoy, charged with grand…
1Opinion of the CourtSomerville, J.
— The practice was settled by this court in Kimltroughh case, 62 Ala. 248, that the court below should not delay the empaneling of a jury in the trial of a capital case, because some of the persons, whose names were on the venire served on.the prisoner, were absent from the court room, being engaged in deliberating upon their verdict in another cause. The statute authorizing a special venire to be summoned (Code, § 4874), and directing a list of such persons to be served on the prisoner, including the regular jury" (Code,.§ 4872), does not contemplate or require the procrastination of…
2Cases cited5 opinions
- Spicer v. StateSupreme Court of Alabama · 1881
- Billingslea v. StateSupreme Court of Alabama · 1881
- Paris v. StateSupreme Court of Alabama · 1860
- Floyd v. StateSupreme Court of Alabama · 1876
- Kimbrough v. StateSupreme Court of Alabama · 1878
3Cited by21 opinions
- Johnson v. StateSupreme Court of Alabama · 1891
- Stinson v. StateSupreme Court of Alabama · 1931
- Davis v. StateSupreme Court of Alabama · 1953
- White v. StateSupreme Court of Alabama · 1923
- Cotton v. StateSupreme Court of Alabama · 1888
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