Webb v. State
Supreme Court of Alabama
Appeal from the Circuit Court of DeKalb. Tried before the Hon. John B. Tally. The defendant was indicted for murder and on being arraigned pleaded not guilty. The court thereupon set the cause for trial on the 22d day of February, 18'.)3, and ordered that 30 persons be drawn and summoned for the trial in addition to the regular panel.
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Appeal from the Circuit Court of DeKalb. Tried before the Hon. John B. Tally. The defendant was indicted for murder and on being arraigned pleaded not guilty. The court thereupon set the cause for trial on the 22d day of February, 18'.)3, and ordered that 30 persons be drawn and summoned for the trial in addition to the regular panel. On the day set for the trial it. appeared during the organization of the jury that only 28 of the 30 special jurors had been summoned, 2 of said jurors not having been found by the sheriff; that one of said jurors had left the county, and that diligent, but…
1Opinion of the CourtColeman, J.
The defendant was convicted of murder in the second degree. After the jury had been selected and sworn, but before the trial was put before them, one of the jurors was excused and discharged on account of sickness, it being shown that he was too ill to sit as a juror. There was no error in this action of the court. The precise question arose in the case of Hawes v. State, 88 Ala. 37. See authorities cited. The defendant moved to quash the venire on the ground that two of the persons drawn to serve as special jurors were not summoned. The evidence showed that one of the persons had left the…
2Cases cited6 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Gibson v. StateSupreme Court of Alabama · 1889
- Ex parte NettlesSupreme Court of Alabama · 1877
- Arp v. StateSupreme Court of Alabama · 1892
- Burns v. StateSupreme Court of Alabama · 1873
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3Cited by29 opinions
- Nichols v. StateSupreme Court of Alabama · 1958
- Smarr v. StateSupreme Court of Alabama · 1953
- Commonwealth v. GalvinMassachusetts Supreme Judicial Court · 1948
- Government of the Virgin Islands v. John LakeCourt of Appeals for the Third Circuit · 1966
- Weatherford v. StateCourt of Criminal Appeals of Alabama · 1979
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