Andrews v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. John Andrews was convicted of murder, and he appeals. The facts as to the venire sufficiently appear in the opinion.
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Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. John Andrews was convicted of murder, and he appeals. The facts as to the venire sufficiently appear in the opinion. There were seven pleas in abatement, but the following will serve to illustrate the matters set up in said pleas: “And now comes the defendant in the above-entitled cause, by attorney, and pleads and says that the State of Alabama ought not to further prosecute the said indictment against him, because heretofore, to wit, at the April term of said court, the grand jury of said county, upon their oaths, in an…
1Opinion of the CourtAnderson, J.
Section 9 of the Constitution of 1901 embraced all of section 10, art. 1, of the Constitution of 1875 against twice in jeopardy, but in addition thereto provides: “But courts may, for reasons fixed by law, discharge juries from the consideration of the case, and no person shall gain an advantage by reason of such discharge of the jury.” We cannot agree that this change in the organic law was made only to authorize the Legislature to provide by statute for the discharge of juries for the same and only reasons authorizing a discharge under the decisions of this court prior to the last…
2Cases cited35 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- United States v. PerezSupreme Court of the United States · 1824
- Ex Parte LangeSupreme Court of the United States · 1874
- United States v. BallSupreme Court of the United States · 1896
- Kepner v. United StatesSupreme Court of the United States · 1904
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3Cited by40 opinions
- Ex Parte LewisCourt of Criminal Appeals of Texas · 2007
- Shadle v. StateSupreme Court of Alabama · 1967
- State v. SlorahSupreme Judicial Court of Maine · 1919
- Curry v. StateSupreme Court of Alabama · 1919
- Harnage v. StateSupreme Court of Alabama · 1972
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