Wilson v. State
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pears’on. Joe Wilson was convicted of murder, and he appeals. The demurrer of the state to the motion to strike the indictment ignores sections 7304-5, Code 1907. Section 7572 of the Code has no application to questions arising under those two sections.
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Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pears’on. Joe Wilson was convicted of murder, and he appeals. The demurrer of the state to the motion to strike the indictment ignores sections 7304-5, Code 1907. Section 7572 of the Code has no application to questions arising under those two sections. The motion raises a question as to the organization of the grand jury at the time the indictment was found, not covered by section 7572. — Nordan v. The State, 143 Ala. 13; Osborn v. The State, 154 Ala. 44. It is insisted that a grand juror is an officer of the state and therefore, he…
1Opinion of the CourtAnderson, J.
The grand jury was organized under the law as it appears in the Code of 1907. The only qualification prescribed by section 7239 is that jurors must be male residents of the county, over 21 and under 60 years of age. The other qualifications and competency is left to the discretion of the jury commissioners. It is not therefore necessary that a juror must be at the time of service a qualified elector and entitled to vote. Section 1467, in fixing the ineligibility to office, has no application to jurors and who are not such officers as is contemplated by said statute. Indeed, most of the public…
2Cases cited16 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- Roberts v. StateSupreme Court of Alabama · 1880
- Rogers v. StateSupreme Court of Alabama · 1897
- Nordan v. StateSupreme Court of Alabama · 1904
- Ragland v. StateSupreme Court of Alabama · 1899
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cain v. SkillinSupreme Court of Alabama · 1929
- Baker v. StateAlabama Court of Appeals · 1923
- Sheppard v. StateSupreme Court of Alabama · 1942
- Finney v. StateAlabama Court of Appeals · 1914
- Leonard v. StateCourt of Criminal Appeals of Alabama · 1979
5 more not listed; retrieve them via the Exa API.