Legal Opinion

Gray v. State

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 26 opinions

Erom tbe Circuit Court of Cboctaw. Tried before the TIou, Luther E, Saiitii. The defendant in this case, John B. Gray, was indicted for the murder of Edward H. Ward; was convicted, and sentenced to death. On his trial, he reserved a bill of exceptions to several rulings of the court, which it is not necessary to state in full, since the opinion of this court shows the rulings deemed material.

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Erom tbe Circuit Court of Cboctaw. Tried before the TIou, Luther E, Saiitii. The defendant in this case, John B. Gray, was indicted for the murder of Edward H. Ward; was convicted, and sentenced to death. On his trial, he reserved a bill of exceptions to several rulings of the court, which it is not necessary to state in full, since the opinion of this court shows the rulings deemed material. The judgment of the court, as set out in the record, is in these words: “ On this day, November 10, 1876, came the solicitor for the State, and also came the defendant in person, in the custody of the…

1Opinion of the Court

BRICKELL, C. J. —

The prisoner moved to quash the venire, on two grounds : first, that it contained the names of two persons summoned as special jurors; one of whom was known by the sheriff, when he was summoned, to reside without the State, in the State of Mississippi, and the other not to have resided in the county for the term of twelve months. In Hall v. State (40 Ala. 698), it was decided, if any of the special jurors, summoned for the trial of a capital case, were incompetent because of non-residence, the income potency was ground of challenge for cause, at the instance-of the accused or…

2Cases cited1 opinion

  1. Hall v. StateSupreme Court of Alabama · 1867

3Cited by26 opinions

  1. Knight v. StateSupreme Court of Alabama · 1962
  2. Johnson v. StateSupreme Court of Alabama · 1893
  3. Roberts v. StateSupreme Court of Alabama · 1881
  4. Wright v. StateSupreme Court of Alabama · 1893
  5. Wilkinson v. StateSupreme Court of Alabama · 1894

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