Martin v. State
Supreme Court of Alabama
Appeal from Bussell Circuit Court. Hec.ru before tlie Hon. A. A. Evans. Ben Martin was indicted for the murder of Willis Fort, l>v shooting him with a pistol.
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Appeal from Bussell Circuit Court. Hec.ru before tlie Hon. A. A. Evans. Ben Martin was indicted for the murder of Willis Fort, l>v shooting him with a pistol. When the case was called, but before the trial was entered upon, the defendant in writing moved the court as follows: “Comes the defendant and moves the court to quash the venire in said cause because the c >py of the same was not served upon him as required Ip law, in this; That a certain paper purporting to be a copy of the list of the regular jurors for the week of the trial of defendant, together with a copy of the list of the…
1Opinion of the CourtDenson, J.
When the case ivas called for trial the defendant moved that the venire be quashed. The grounds for the motion were that a copy of the venire and the indictment had not been served upon him as required by law, and that he was deprived bf the possession of the papers purporting to be copies of the venire and indictment by the sheriff between the time the same was placed in his hands by the sheriff and the time when his case was called for trial, and while he was in custody of the sheriff. In support of the motion it was shown, without conflict in the evidence, that on the morning of the day…
2Cases cited16 opinions
- Ross v. StateSupreme Court of Alabama · 1903
- Rutledge v. StateSupreme Court of Alabama · 1889
- Tolbert v. StateSupreme Court of Alabama · 1888
- Gerrish v. StateSupreme Court of Alabama · 1875
- Karr v. StateSupreme Court of Alabama · 1893
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3Cited by7 opinions
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- First National Bank v. Hacoda Mercantile Co.Supreme Court of Alabama · 1910
- McBryde v. StateSupreme Court of Alabama · 1908
- Sexton v. StateAlabama Court of Appeals · 1915
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