Welch v. State
Alabama Court of Appeals
Appeal from Gadsden City Court. Heard before Hon. A. H. Alston. Bob Welch was convicted of robbery and. he appeals. No brief came to the Reporter. Counsel insist that under the statute as now framed service upon the attorney was sufficient, as otherwise a defendant charged with a capital felony and on bail might never be brought to trial.
1Opinion of the CourtPelham, J.
Section 82 of the act approved August 31, 1909 (Gen. Acts Special Session 1909, p. 305), provides that, whenever a defendant stands indicted for a capital felony, a list of the jurors or venire for his trial, together with a copy of the indictment, must be “forthwith served on the defendant by the sheriff.” The defendant was indicted for a capital felony (rob*145bery), and before entering upon the trial made a motion to quash the venire on the ground that a copy of the venire was not served on the defendant as required by the statute. Proof was made on hearing the motion that the service was had…
2Cases cited6 opinions
- Christian v. StateSupreme Court of Alabama · 1911
- Parsons v. StateSupreme Court of Alabama · 1853
- Bain v. StateSupreme Court of Alabama · 1881
- Morgan v. StateSupreme Court of Alabama · 1872
- State v. M'LendonSupreme Court of Alabama · 1827
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3Cited by6 opinions
- Swain v. StateAlabama Court of Appeals · 1913
- Haisten v. StateAlabama Court of Appeals · 1912
- Kirby v. StateAlabama Court of Appeals · 1912
- Clarke v. StateAlabama Court of Appeals · 1912
- Underwood v. StateSupreme Court of Alabama · 1912
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