State v. Brookshire
Supreme Court of Alabama
Error to the Circuit Court of Madison county. The defendant was indicted in the Circuit Court of Madison of the murder of Samuel Hudson, and being found guilty by the jury, moved in arrest of judgment, because the writ of ve-nire issued by the Clerk to summon the grand jury, was directed to any sheriff of the State of Alabama, whieh motion the Court overruled.
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Error to the Circuit Court of Madison county. The defendant was indicted in the Circuit Court of Madison of the murder of Samuel Hudson, and being found guilty by the jury, moved in arrest of judgment, because the writ of ve-nire issued by the Clerk to summon the grand jury, was directed to any sheriff of the State of Alabama, whieh motion the Court overruled. At the same term at which the indictment was found, the defendant, by affidavit, alledged that he could not have a fair and impartial trial in Madison county, owing to the excitement and prejudice against him, and that the same causes…
1Opinion of the CourtOrmond, J.
— The question arising on the direction of the venire facias, issued to summon the grand jury, has been fully considered in the preceding case of the State vs. Phillips, and shown to be sufficient.
By our statute, Aik. Dig. 285, the Courts are empowered, on the affidavit of the defendant in a criminal case, setting forth *305that he cannot have a fair and impartial trial, to change the venue “to the nearest adjoining county, free from the like exceptions.” The defendant, in his affidavit, stated that Limestone and Morgan counties were subject to the same exceptions as Madison. No exception is…
2Cited by16 opinions
- Ex Parte FairclothSupreme Court of Alabama · 1985
- Stephens v. StateSupreme Court of Alabama · 1947
- Pleasant v. StateSupreme Court of Arkansas · 1855
- Ex parte BanksSupreme Court of Alabama · 1856
- Roberts v. StateSupreme Court of Alabama · 1898
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