Jarvis v. State
Supreme Court of Alabama
Appeal from tlxe City Court of Mobile. Tried before the 'Hon. O. J. Semmios. The appellant in this case, Gilbert B. Jarvis, was inflicted, and tried for the murder of I-Iarry Reardy, and Avas convicted of murder in the second degree and sentenced to the penitentiary for thirty-five years.
Read the full summary
Appeal from tlxe City Court of Mobile. Tried before the 'Hon. O. J. Semmios. The appellant in this case, Gilbert B. Jarvis, was inflicted, and tried for the murder of I-Iarry Reardy, and Avas convicted of murder in the second degree and sentenced to the penitentiary for thirty-five years. During the impannelling of the jury for the trial of the defendant, one J. L. Fincher, Avho had been regularly summoned as one of the jurors in said case, Avas examined upon his voir dire as to his qualifications as a juror. So far as his examination as to having a fixed opinion as to the defendant’s guilt…
1Opinion of the CourtTyson, J.
The statement of the juror Fincher under oath, that he would try the case entirely upon the evidence clearly made him competent. — Long v. The State, 86 Ala. 36.
It must be admitted there is a slight degree of uncertainty shewn by the examination of the juror, Cook, as to whether he had a fixed opinion that would bias his verdict. The question presented was one for the determination of the trial court, and was one of mixed law and fact to be tried as far as’ the facts are concerned, like any other issue of that character, upon the evidence. “The finding of the trial court upon that issue ought…
2Cases cited33 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Hornsby v. StateSupreme Court of Alabama · 1891
- Hawes v. StateSupreme Court of Alabama · 1889
- Burton v. StateSupreme Court of Alabama · 1896
- Bales v. StateSupreme Court of Alabama · 1879
28 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Nichols v. StateSupreme Court of Alabama · 1958
- Jones v. StateSupreme Court of Alabama · 1913
- Johnny Lee Cronnon v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1979
- McDowell v. StateSupreme Court of Alabama · 1939
42 more not listed; retrieve them via the Exa API.