Stalls v. State
Supreme Court of Alabama
Froh the Circuit Court of Baldwin. Tried before-the Hon. C. W. Rapier. JohN J. Stalls was indicted, at the November term, 1854, for harboring or concealing a runaway slave, knowing him to be a runaway, and was tried at the November term, 1855. On the trial, a bill of exceptions Avas sealed at his instance, which states the following facts : “ After the regular panel of jurors had been exhausted, by challenges made by the State and the prisoner, one John P. Miles was summoned…
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Froh the Circuit Court of Baldwin. Tried before-the Hon. C. W. Rapier. JohN J. Stalls was indicted, at the November term, 1854, for harboring or concealing a runaway slave, knowing him to be a runaway, and was tried at the November term, 1855. On the trial, a bill of exceptions Avas sealed at his instance, which states the following facts : “ After the regular panel of jurors had been exhausted, by challenges made by the State and the prisoner, one John P. Miles was summoned as a tales juror, at which timo some seven or eight jurors had been selected. The said Miles, on being called, was…
1Opinion of the CourtRice, C. J.
In a trial for an indictable offence, which may be punished capitally, or by confinement in the penitentiary, it is a good challenge for cause by the State, that the juror has a fixed opinion against capital or penitentiary punishments. — Code, § 3585; Ex parte McCrary, 22 Ala. 65.
But the right of the State to- challenge the juror for that cause is lost, when he is accepted by the State, and put on the prisoner, and' accepted by him. After the right is thus lost, it cannot be revived by any act of the solicitor or the court, against the objection of the prisoner, although the solicitor and…
2Cases cited2 opinions
- Ex parte McCrarySupreme Court of Alabama · 1853
- Commonwealth v. LesherSupreme Court of Pennsylvania · 1828
3Cited by5 opinions
- Smith v. StateSupreme Court of Alabama · 1876
- Carson v. PointerAlabama Court of Appeals · 1914
- Henry v. StateSupreme Court of Alabama · 1884
- Andrews v. StateSupreme Court of Alabama · 1907
- Lyman v. StateSupreme Court of Alabama · 1871