Diamond v. State
Alabama Court of Appeals
Murder. Appeal from Covington Circuit Court. Heard before Hon. A. H. Alston. Revenell Diamond was convicted of manslaughter under an indictment charging murder in the first degree, and motion to quash the venire for the reasons stated in the opinion having been overruled by the trial court, defendant appeals.
Read the full summary
Murder. Appeal from Covington Circuit Court. Heard before Hon. A. H. Alston. Revenell Diamond was convicted of manslaughter under an indictment charging murder in the first degree, and motion to quash the venire for the reasons stated in the opinion having been overruled by the trial court, defendant appeals. The proper method of raising the question was resorted to and the judgment of conviction must be reversed because of the failure of the court to sustain defendant’s motion to quash. —Linggold v. State, 10 Ala. App. 57.
1Opinion of the Court
PELHAM, P. J-.
The transcript in this case shows that the trial court, in drawing the jurors to- constitute the venire to try the defendant for a capital felony, proceeded to draw the special jurors before there had been a return made of the venire of regular jurors drawn for the week the case was set for trial. Until there had been a return to the regular venire it was not possible to know how many jurors on the regular venire would be summoned, and consequently no basis upon which the court could judicially determine and fix the number of jurors to constitute the venire to try the defendant…
2Cases cited1 opinion
- Linggold v. StateAlabama Court of Appeals · 1913
3Cited by2 opinions
- Plunkett v. DendySupreme Court of Alabama · 1916
- Brown & Co. v. MatthewsAlabama Court of Appeals · 1915