State v. Marshall
Supreme Court of Alabama
Novel and difficult questions from Mobile. The prisoner was indicted in the Circuit Court of Mobile, fop burglary. The indictment contained two counts, in one of which the prisoner is charged to be the property of Joseph Bryan, and in the other, the property of some one unknown. Tbe jury found a general verdict of guilty, upon which the Court passed sentence.
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Novel and difficult questions from Mobile. The prisoner was indicted in the Circuit Court of Mobile, fop burglary. The indictment contained two counts, in one of which the prisoner is charged to be the property of Joseph Bryan, and in the other, the property of some one unknown. Tbe jury found a general verdict of guilty, upon which the Court passed sentence. Pending the trial, a bill of exceptions was taken, by which it appears, that upon the empannelling of the jury, one George W. Gaines was sworn to answer questions, touching his qualifications, and to the question asked by the Court, “…
1Opinion of the CourtOrmond, J.
The Penal Code provides, that the existence of certain facts, when ascertained in reference to one, summoned as a juror, in a criminal case, shall be a good challenge for cause. The plain design of the statute was, to secure a fair and impartial trial, by the selection of an impartial, intelligent jury, and to accomplish that object, it secures to the accused the right to object to jurors summoned to try him, who are liable to certain specified objections. The argument, in effect is, that the provision *305is for his benefit, and that therefore, he has the right to waive the objection, and accept…
2Cases cited1 opinion
- Tatum v. YoungSupreme Court of Alabama · 1835
3Cited by17 opinions
- State v. KendallSupreme Court of Iowa · 1925
- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
- Smith v. StateSupreme Court of Alabama · 1876
- Metzger v. StateSupreme Court of Florida · 1881
- Williamson v. Mayer Bros.Supreme Court of Alabama · 1897
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