Sanders v. State
Supreme Court of Alabama
Appeal from the Circuit 'Court of Perry. Tried before the Hon. John Moore. The appellant in this case was jointly indicted with his brother, John Green Sanders, for the murder of William Mullen. There was a severance, and each of the defendants was tried separately. The appellant in this case was convicted of murder in the first degree and sentenced to he hung.
Read the full summary
Appeal from the Circuit 'Court of Perry. Tried before the Hon. John Moore. The appellant in this case was jointly indicted with his brother, John Green Sanders, for the murder of William Mullen. There was a severance, and each of the defendants was tried separately. The appellant in this case was convicted of murder in the first degree and sentenced to he hung. Before proceeding to trial the defendant made a motion to quash the venire in the cause upon the following grounds: “First- Because there was not served on the 'defendant, or on counsel appearing for him, a copy of the indictment and…
1Opinion of the CourtMcOLELLAN, C. J.
It has quite recently been determined that an order that the sheriff “serve the defendant with a copy of a list of the names of the persons constituting the jurors'” for the trial of a capital case is sufficient under section 5273 of the 'Code, which requires the service of a copy of the venire for such a trial. — Ford v. State, 129 Ala. 16. This ruling necessarily involves the further proposition that a compliance with such order, the service of a list of such jurors, is in legal substance and effect sufficient under that section, though the paper served may not be a full 'copy of the…
2Cases cited3 opinions
- Butler v. StateSupreme Court of Alabama · 1882
- Nabors v. StateSupreme Court of Alabama · 1898
- Ford v. StateSupreme Court of Alabama · 1900
3Cited by10 opinions
- Gaines v. StateSupreme Court of Alabama · 1906
- Thomas v. StateCourt of Criminal Appeals of Alabama · 1981
- Wilson v. StateCourt of Criminal Appeals of Alabama · 1974
- Holmgren v. United StatesCourt of Appeals for the Ninth Circuit · 1907
- Cummings v. StateAlabama Court of Appeals · 1949
5 more not listed; retrieve them via the Exa API.