Boggs v. State
Supreme Court of Alabama
Appeal from Circuit Court of Eandolph. Tried before Hon. Charles Pelham. The appellant was indicted for murder, tried, found guilty of murder in the second degree, and sentenced to ten years imprisonment in the penitentiary. From the bill of exceptions, it appears that after the prisoner had been arraigned and pleaded not guilty, the court made an order that the sheriff “ summon fifty persons, in addition to the regular panel, for special jurors to serve in said cause.”
Read the full summary
Appeal from Circuit Court of Eandolph. Tried before Hon. Charles Pelham. The appellant was indicted for murder, tried, found guilty of murder in the second degree, and sentenced to ten years imprisonment in the penitentiary. From the bill of exceptions, it appears that after the prisoner had been arraigned and pleaded not guilty, the court made an order that the sheriff “ summon fifty persons, in addition to the regular panel, for special jurors to serve in said cause.” Among the persons so summoned was one Strickland, whose name was drawn in making up the jury, and thereupon it was announced…
1Opinion of the CourtPetees, J.
The constitution of the State gives the right of trial by jury, and the legislature has prescribed how this jury shall be summoned and selected. — Const. Ala. 1867, Art. 1, §§ 8,12; Eev. Code, § 4173. The manner of drawing each member of the jury until the jury is made up, and the number and causes of the challenges, are all carefully designated by law. — Eev. Code, §§ 4177, 4178, 4179, 4180, 4182, 4188. The rules thus laid down are peremptory, and it is the right of the accused to have each *32strictly complied with. They are a portion of the formalities which constitute a proceeding “ by due…
2Cases cited4 opinions
- Brister v. StateSupreme Court of Alabama · 1855
- McAllister v. StateSupreme Court of Alabama · 1850
- McCauley v. StateSupreme Court of Alabama · 1855
- Parsons v. StateSupreme Court of Alabama · 1853
3Cited by4 opinions
- Smith v. StateSupreme Court of Alabama · 1876
- Johnson v. StateSupreme Court of Alabama · 1872
- Windsor v. StateCourt of Criminal Appeals of Alabama · 1993
- Windsor v. StateCourt of Criminal Appeals of Alabama · 1993