Legal Opinion

Cole v. State

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 12 opinions

Appeal from the Circuit Court Walker. Tried before the Hon. James J. Banks. The appellant, Bethel Cole, was indicted, tried and convicted for the murder of George Cramer, and sentenced to the penitentiary for life. The rulings of the court upon the organization of the jury, and the motion to quash the venire, are sufficiently stated in the opinion.

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Appeal from the Circuit Court Walker. Tried before the Hon. James J. Banks. The appellant, Bethel Cole, was indicted, tried and convicted for the murder of George Cramer, and sentenced to the penitentiary for life. The rulings of the court upon the organization of the jury, and the motion to quash the venire, are sufficiently stated in the opinion. John Linehan, upon being iutroduced as a witness for the State, testified, that on the evening of January 16, 1894, about nine o’clock, he heard some shooting, and went to a house near by and found George Cramer lying in a room wounded. The…

1Opinion of the CourtHaralson, J.

1. The juror, Wright, was' one of the number summoned specially to try this case, and his name was on the list which was served on defendant for his trial. While in attendance for this purpose, he was summoned by the sheriff and was taken for the trial of another cause, of the nature of which we are not informed. The jury on which he was placed was out, at the time this case was called. The court asked the defendant, if he waived his right to the juror, but he refused to do so, and claimed the privilege of having said juror for the trial of his cause. The court proceeded to organize the jury…

2Cases cited5 opinions

  1. Chamblee v. StateSupreme Court of Alabama · 1885
  2. Evans v. StateSupreme Court of Alabama · 1885
  3. Jones v. StateSupreme Court of Alabama · 1893
  4. Kimbrough v. StateSupreme Court of Alabama · 1878
  5. Blackburn v. StateSupreme Court of Alabama · 1893

3Cited by12 opinions

  1. Twitty v. StateSupreme Court of Alabama · 1910
  2. Thomas v. StateSupreme Court of Alabama · 1951
  3. Wilkinson v. StateSupreme Court of Alabama · 1894
  4. Dorsey v. StateSupreme Court of Alabama · 1894
  5. Wilson v. StateSupreme Court of Alabama · 1911

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