Smith v. State
Supreme Court of Alabama
Appeal from tlie Circuit Court of Limestone. Tried before the Hon. Osceol i Kyle. Tlie appellant in tliis case, Robert Smith, was jointly indicted with Frank On* and Pink Botts for the murder of Robert Taylor by shooting him with a pistol. Frank Orr and Pink Botts had been separately drawn and convicted and a severance was ordered as to the defendant Robert.
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Appeal from tlie Circuit Court of Limestone. Tried before the Hon. Osceol i Kyle. Tlie appellant in tliis case, Robert Smith, was jointly indicted with Frank On* and Pink Botts for the murder of Robert Taylor by shooting him with a pistol. Frank Orr and Pink Botts had been separately drawn and convicted and a severance was ordered as to the defendant Robert. Smith and he was tried separately and was convicted of murder in the first degree and sentenced to the penitentiary for life. The defendant ivas arraigned on September 29th, 1902, on which day a special venire was drawn, and a day of the…
1Opinion of the CourtMcCLELLAN, C. J.
Under the facts disclosed in the transcript before us, the Jurors, O. B. Newby, R. N. Bullington, J. D. Barksdale, N. J. Tribble and W. ÍYL Barksdale belonged to and in part constituted the regular juries organ-iced for the week though they had not been dra-wn as jurors for that week, but were summoned at the time the jurors were being organized to supply the places of persons who had been drawn and for any reason had failed to appear or been excused from attendance by the court. — Code,§ 5011; Brown v. State, 128 Ala. 12, 16. These persons were, therefore, constituents of the venire for the…
2Cases cited9 opinions
- Johnson v. StateSupreme Court of Alabama · 1893
- McQueen v. StateSupreme Court of Alabama · 1891
- Johnson v. StateSupreme Court of Alabama · 1872
- Dannelley v. StateSupreme Court of Alabama · 1900
- Smith v. StateSupreme Court of Alabama · 1901
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3Cited by3 opinions
- Jarvis v. StateSupreme Court of Alabama · 1902
- Hanners v. StateSupreme Court of Alabama · 1906
- Sidney v. StateSupreme Court of Alabama · 1956