Legal Opinion

McQueen v. State

Supreme Court of Alabama

Decided November 15, 1891PublishedCited by 22 opinions

From the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. The defendant in this case, Peter McQueen, was indicted for the murder of Ab Chambers, by shooting him with a gun; was convicted of murder in the second degree, and sentenced to the penitentiary for the term of 25 years. Before entering on the trial, the defendant submitted a motion to quash the special venire, and excepted to the overruling of his motion.

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From the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. The defendant in this case, Peter McQueen, was indicted for the murder of Ab Chambers, by shooting him with a gun; was convicted of murder in the second degree, and sentenced to the penitentiary for the term of 25 years. Before entering on the trial, the defendant submitted a motion to quash the special venire, and excepted to the overruling of his motion. The opinion states the facts on which the motion was based. The evidence adduced on the trial showed that the deceased was shot by the defendant, about eleven or…

1Opinion of the CourtClopton, J.

— In Darby v. State, 92 Ala. 9; 9 So. Rep. 429, it was decided, that when the presiding judge draws from the jury-box the name of fifty persons, and orders them to be summoned to appear on the day set for the trial of a capital case, and a copy of the list of the names so drawn, with the list of the regular jurors drawn and summoned for the week, to be served on the defendant, he is entitled to the full number; and if one whose name is drawn and put on the special venire, is also on the regular panel for the week, the defendant is deprived of his right to the full number ordered, and it is…

2Cases cited4 opinions

  1. Spicer v. StateSupreme Court of Alabama · 1881
  2. Ward v. StateSupreme Court of Alabama · 1885
  3. Jordan v. StateSupreme Court of Alabama · 1886
  4. Darby v. StateSupreme Court of Alabama · 1890

3Cited by22 opinions

  1. Evans v. StateSupreme Court of Alabama · 1923
  2. Twitty v. StateSupreme Court of Alabama · 1910
  3. Parker v. StateSupreme Court of Alabama · 1909
  4. White v. StateSupreme Court of Alabama · 1901
  5. Scott v. StateSupreme Court of Alabama · 1924

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