McAllister v. State
Supreme Court of Alabama
Error to the Circuit Court of Barbour. Tried before the Hon. Thos. A. Walker. I.The mode of drawing the jury, for the trial of capital cases, as pointed, out in the 54th section, 10th ch. Penal Code, is merely directory.; — The State v. Brook, 9 Ala. 17. 1. The counsel for defendant objected to the name of Reeves (one of the jurors summoned to try the case, and which was lost from the hat) being returned to the hat, and the objection was sustained.
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Error to the Circuit Court of Barbour. Tried before the Hon. Thos. A. Walker. I.The mode of drawing the jury, for the trial of capital cases, as pointed, out in the 54th section, 10th ch. Penal Code, is merely directory.; — The State v. Brook, 9 Ala. 17. 1. The counsel for defendant objected to the name of Reeves (one of the jurors summoned to try the case, and which was lost from the hat) being returned to the hat, and the objection was sustained. If any error has intervened, it was at his instance, and he cannot take advantage of it. — McMillan v. Wallace, 3 Stew. 185. 2. No injury resulted…
1Opinion of the CourtDargan, C. J.
The plaintiff in error was tried and convicted in the Circuit Court of Barbour of the murder of Samuel Moreland. On the trial a bill of exceptions was taken to the ruling of the court, which shows that after the original list of jurors was exhausted, and the jury not being complete, it was announced that the name of one Reeves, included in the list that had been served on the prisoner, had not been drawn from tire hat and could not be found in it. The name was subsequently found in another place, arid the clerk stated that they had been particular in putting all the names in the hat, and…
2Cases cited3 opinions
- McLean v. StateSupreme Court of Alabama · 1849
- Grant v. ThompsonSupreme Court of Connecticut · 1822
- State v. BrinyeaSupreme Court of Alabama · 1843
3Cited by60 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- Parrish v. StateSupreme Court of Alabama · 1903
- Ford v. StateSupreme Court of Alabama · 1882
- George v. StateSupreme Court of Alabama · 1941
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