Pate v. State
Supreme Court of Alabama
Appeal from Pickens Circuit Court. Hoard, before Hon. S. H. Sprott. Can .Pate was convicted of murder, and lie appeals. Upon his arraignment" upon the indictment the defendant interposed the following motion to quash the same: “ (1) The grand jury returning said indictment ivas not organized according to law: (2) The jury commissioners of said county did not, in drawing the giand jury, first draiv the .requisite number of persons to serve as grand jurors and then in like…
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Appeal from Pickens Circuit Court. Hoard, before Hon. S. H. Sprott. Can .Pate was convicted of murder, and lie appeals. Upon his arraignment" upon the indictment the defendant interposed the following motion to quash the same: “ (1) The grand jury returning said indictment ivas not organized according to law: (2) The jury commissioners of said county did not, in drawing the giand jury, first draiv the .requisite number of persons to serve as grand jurors and then in like manner proceed to draw the requisite number to serve as petit jurors, but drew a list of persons sufficient for both the…
1Opinion of the CourtAnderson, J.
The motion to quash the indictment did not disclose a good ground for quashing, and the- demurrers thereto were properly sustained. — Section 5269, Code 1896; Thompson v. State, 122 Ala. 12, 26 South. 141.
The demurrer to the motion to quash the venire was properly sustained.- — -Section 4997 of the Code of 1896, among other things, provides: “And no objection'can be taken to any venire facias for a petit jury, except for fraud in drawing or summoning the jurors.” The cases cited by counsel for appellant were decided before the adoption of the Code of 1896.—Wells v. State, 94 Ala. 1, 10 South.…
2Cases cited11 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Johnson v. StateSupreme Court of Alabama · 1893
- Goldsmith v. StateSupreme Court of Alabama · 1894
- Kennedy v. StateSupreme Court of Alabama · 1903
- Fields v. StateSupreme Court of Alabama · 1872
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Banks v. StateSupreme Court of Alabama · 1921
- Daniels v. StateSupreme Court of Alabama · 1943
- Robinson v. StateSupreme Court of Alabama · 1943
- Gettings v. StateAlabama Court of Appeals · 1947
- Coats v. StateSupreme Court of Alabama · 1950
26 more not listed; retrieve them via the Exa API.