Bell v. State
Supreme Court of Alabama
APPEAL from the Circuit Court of Butler. Tried before the Hou. John K. Henby. The prisoner was indicted at the spring term, 1878, of the Circuit Court of Butler county,- for the crime of murder. He was arraigned'and pleaded “'not guilty.”
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APPEAL from the Circuit Court of Butler. Tried before the Hou. John K. Henby. The prisoner was indicted at the spring term, 1878, of the Circuit Court of Butler county,- for the crime of murder. He was arraigned'and pleaded “'not guilty.” A day was appointed for the trial, and the court made an order, requiring the sheriff of the county “to summon fifty competent jurors, including the regular panel for the week; and to serve a list of the jurors summoned,.and a copy of the indictment upon the prisoner, one entire day before the day set for the trial of the cause. On the day of the trial, the…
1Opinion of the CourtManning, J.
— The fact that in the list of persons summoned, to serve as jurors in this cause which was delivered to defendant, a mistake in writing the name of Jno. M. Sims, instead of Jas. M. Sims, if such mistake was made, (which *57.seems doubtful), did not, under the circumstances set forth in the bill of exceptions, afford a legal cause why the judgment of the Circuit Court should be arrested. At the time the attention of the court was called to the supposed error, by counsel for the defendant, he said “if it was an error which could be waived, he was willing to waive it, but that he did not consider…
2Cases cited1 opinion
- Miller v. StateSupreme Court of Alabama · 1871
3Cited by3 opinions
- Spicer v. StateSupreme Court of Alabama · 1881
- Roberts v. StateSupreme Court of Alabama · 1881
- Horsley v. StateAlabama Court of Appeals · 1965