Rodgers v. State
Supreme Court of Alabama
Aitgal from Monroe Circuit Court. Heard before Hon. John T. Lackland. The defendant was indicted, tried and convicted for the murder of Wade Moore by shooting him with a gun. The motion to quash the indictment, the exceptions to evidence and other matters necessary to a proper understanding of the opinion sufficiently appear therein. The motion to quash the indictment should ■ have been sustained.
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Aitgal from Monroe Circuit Court. Heard before Hon. John T. Lackland. The defendant was indicted, tried and convicted for the murder of Wade Moore by shooting him with a gun. The motion to quash the indictment, the exceptions to evidence and other matters necessary to a proper understanding of the opinion sufficiently appear therein. The motion to quash the indictment should ■ have been sustained. The jury commissioners of Monroe county had no authority to draw and summon more than 21 persons to- serve on the Grand Jury. — Code of 1896, § 1989; Berry’s case, 63 Ala. 126; 12 Am. Sit. Rep. 904…
1Opinion of the CourtSimpson, J.
The appellant (defendant) was tried and convicted of the offense of murder, and his punishment fixed at imprisonment 'in the penitentiary for life. The defendant moved to quash the indictment because 23 persons were drawn to serve as grand jurors; the contention being- that, as section 4989 of the Criminal Code of 1896 provides that “not less than fifteen, nor more than twenty-one persons for each grand jury” shall be drawn from the jury box, *34the organization of this grand jury was illegal. Section 5269 of the same Code provides that “no objection can be 'taken to an indictment * * * on any…
2Cases cited6 opinions
- Lide v. StateSupreme Court of Alabama · 1901
- Walker v. StateSupreme Court of Alabama · 1897
- Sims v. StateSupreme Court of Alabama · 1903
- Hill v. StateMississippi Supreme Court · 1895
- Linehan v. StateSupreme Court of Alabama · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- Bluett v. StateSupreme Court of Alabama · 1907
- Doss v. StateAlabama Court of Appeals · 1929
- Jarvis v. StateSupreme Court of Alabama · 1930
- Brand v. StateAlabama Court of Appeals · 1915
18 more not listed; retrieve them via the Exa API.