Smith v. State
Supreme Court of Alabama
Appeal from Bibb Circuit Court. Heard before the Horn B. M. Miller. The defendant was indicted and tried for killing Ovid Rollins. O. J. McCary, testifying for the state, said: “1 was with Ovid Rollins after he' ivas wounded. I went over to the place where he was shot and saw him. He looked at me and said, ‘John, I am killed.’ He told me he was going to die frequently after he was shot, and asked me to take care of his family.
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Appeal from Bibb Circuit Court. Heard before the Horn B. M. Miller. The defendant was indicted and tried for killing Ovid Rollins. O. J. McCary, testifying for the state, said: “1 was with Ovid Rollins after he' ivas wounded. I went over to the place where he was shot and saw him. He looked at me and said, ‘John, I am killed.’ He told me he was going to die frequently after he was shot, and asked me to take care of his family. The evening before Rollins died that night, he told me he was going to die, but seemed to be getting along very well. The deceased from the beginning always insisted…
1Opinion of the CourtDowdell, J.
When a capital case is set for trial on a day of the second or any subsequent week of the term of the court, the special jurors drawn, together, with the regular jurors drawn and summoned for such week, constitute the special venire from which the jury for the trial of the case is to be selected. Code 1896, § 5005. A copy of such special venire is what the statute requires to be served on the defendant. — Code 1896, § 5273. This was done in the present case, and the trial court properly overruled the motion to quash the special venire. The names of persons not regularly drawn and summoned as…
2Cases cited5 opinions
- Williams v. StateSupreme Court of Alabama · 1886
- Daughdrill v. StateSupreme Court of Alabama · 1896
- Jackson v. StateSupreme Court of Alabama · 1884
- Martin v. StateSupreme Court of Alabama · 1898
- Jackson v. StateSupreme Court of Alabama · 1891
3Cited by10 opinions
- Caldwell v. StateSupreme Court of Alabama · 1919
- Bowens v. StateCourt of Criminal Appeals of Alabama · 1974
- Montgomery v. StateAlabama Court of Appeals · 1920
- Patton v. StateSupreme Court of Alabama · 1916
- Montgomery v. StateAlabama Court of Appeals · 1911
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