Hammil v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the Hon. O. J. Semjies. The defendant in this case, J ames Hammil, was indicted for the murder of John Maguire, by shooting him with a rifle; was convicted of murder in the first degree, and sentenced to the penitentiary for life.
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From the City Court of Mobile. Tried before the Hon. O. J. Semjies. The defendant in this case, J ames Hammil, was indicted for the murder of John Maguire, by shooting him with a rifle; was convicted of murder in the first degree, and sentenced to the penitentiary for life. During the organization of the jury, as the bill of exceptions shows, the name of one Forter being drawn as a juyor,his examination proceeded thus: Question by clerk: “ Have you a fixed opinion in this case that would bias your verdict?” Answer: “I have an opinion, but don’t know whether it would bias my verdict or not. ”…
1Opinion of the Court
STONE, O. J.
To disqualify a petit juror for service in a criminal trial, he must, under our statute, have more than a bias, or fixed opinion as to the guilt or innocence of the accused. That opinion must be so fixed as that it would bias the verdict he would be required to render. — Code of 1886, § 4331, subd. 7. And of the existence vel non of such fixed opinion, the sworn answer of the juror is the only legal evidence. — -Code, § 4332. The juror Porter, being sworn, testified, in substance, that he had an opinion, but it would not bias his verdict. He was a competent juror.—Bales v. State,…
2Cases cited7 opinions
- Bales v. StateSupreme Court of Alabama · 1879
- Jackson v. StateSupreme Court of Alabama · 1884
- Long v. StateSupreme Court of Alabama · 1888
- Lang v. StateSupreme Court of Alabama · 1887
- Alexander v. AlexanderSupreme Court of Alabama · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Jones v. StateSupreme Court of Alabama · 1913
- Coghill v. KennedySupreme Court of Alabama · 1898
- Siebert v. StateCourt of Criminal Appeals of Alabama · 1989
- Bluett v. StateSupreme Court of Alabama · 1907
30 more not listed; retrieve them via the Exa API.