Bill v. State
Supreme Court of Alabama
FROM the Circuit Court of Coffee. Tried before the Hon. E. W. Pettus. The prisoner, who was a slave, was indicted for the murder of another slave, and was convicted.
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FROM the Circuit Court of Coffee. Tried before the Hon. E. W. Pettus. The prisoner, who was a slave, was indicted for the murder of another slave, and was convicted. He reserved-several exceptions, during the trial, to the rulings of the court in empaneling the jury; and these rulings, which will be readily understood from the opinion, are now relied on to reverse the judgment. 1. The venire served on the prisoner contained the name of W. D. Kelly, but no such man was summoned; while the name of Wm. J. Kelly, who was actually summoned, did not. appear on the venire at all. The two names are…
1Opinion of the CourtRice, C. J.
When a person, indicted for a capital offense, is in actual confinement, he is entitled to a list of the jurors summoned for his trial, at least two days ■ before the day appointed for the trial; but, if he “is not in actual custody, and have counsel, whose names are so entered on the docket,” *36the right to such list does not arise, either in favor of the defendant or his counsel, except, “on application” by the latter. Code, § 35*76.
For the trial of such defendant, the court must make an order, directing the sheriff to summon not less than fifty, nor more than one hundred persons, including…
2Cited by5 opinions
- Hall v. StateSupreme Court of Alabama · 1867
- Fields v. StateSupreme Court of Alabama · 1875
- Aikin v. StateSupreme Court of Alabama · 1860
- Bain v. StateSupreme Court of Alabama · 1881
- Bowen v. StateCourt of Appeals of Texas · 1878