Rudolph v. State
Supreme Court of Alabama
Murder. Appeal from Jefferson Criminal Court. Heard before Hon. Si L. Weaver. Wiley Rudolph was convicted of murder and he appeals. No brief came to the Reporter.
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Murder. Appeal from Jefferson Criminal Court. Heard before Hon. Si L. Weaver. Wiley Rudolph was convicted of murder and he appeals. No brief came to the Reporter. In the absence of a bill of exceptions showing the motion to quash and the evidence in support thereof, this court will not review the action of the trial court thereon although shown by the judgment entry. — Garrett v. State, 97 Ala. 18; Smith v. State, 142 Ala. 14. Where the demurrer does not appear in the record action on the same will not be considered. — Bright v. State, 76 Ala. 96; Williams v. State, 98 Ala. 22.
1Opinion of the CourtSayre, J.
Proceeding under section 32 of the act of August 31, 1909 (Acts Special Session 1909, p. 317), the trial court named 70 as the number to constitute the special venire; and the order proceeds: “And it further appearing that 40 persons had been drawn on the regular juries for said week, the court thereupon in open court drew from the jury box as directed by law 30 names, being the number named in said order.” The record, however, shows that 50 names — not 40, as stated in the order — had been drawn for the regular juries for the week in which the case was set for trial, and that 48 persons…
2Cases cited3 opinions
- Jackson v. StateSupreme Court of Alabama · 1911
- Harris v. StateSupreme Court of Alabama · 1911
- Smith v. StateAlabama Court of Appeals · 1911
3Cited by5 opinions
- Whittle v. StateSupreme Court of Alabama · 1921
- Walker v. StateSupreme Court of Alabama · 1920
- Tyler v. StateSupreme Court of Alabama · 1921
- Kreutner v. StateAlabama Court of Appeals · 1918
- Sager v. StateSupreme Court of Alabama · 1917