Carson v. Pointer
Alabama Court of Appeals
Appeal from Calboun Circuit Court. Heard before Hon. Hugh D. Merrill. Action by T. L. Carson against W. P. Pointer for • rent. Judgment for defendant, and on order denying new trial -plaintiff appeals.
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Appeal from Calboun Circuit Court. Heard before Hon. Hugh D. Merrill. Action by T. L. Carson against W. P. Pointer for • rent. Judgment for defendant, and on order denying new trial -plaintiff appeals. It is essential that a juror should be a citizen of the county in which the trial is had. — Acts 1909, 309; Collins v. State, 88 Ala. 212; 24 Cyc. 175, 98 and notes; Amos v. State, 96 Ala. 120. There was no waiver of the right in this case, because there was no knowledge of the fact. — Steadham v. Steadham, 32 Ala. 526; 40 Cyc. 252. If the juror was not a competent juror, he appeared to be on…
1Opinion of the CourtThomas, J.
After verdict and judgment against Mm, the appellant, plaintiff below, made a motion for a new trial, assigning as a ground therefor, among others, not necessary to notice because not here insisted upon, that Moses G. Scott, one of the jurors composing the jury that tried the case, was not a competent juror on account of the fact, as alleged; that he was not, at the time of the trial and of his service as a juror therein, a resident citizen of the county in which the trial was had, but at such time, and ever since and continuously for 20 years or more next preceding, was, still is, and had…
2Cases cited7 opinions
- Smith v. StateSupreme Court of Alabama · 1876
- Roberts v. StateSupreme Court of Alabama · 1881
- State v. MoreaSupreme Court of Alabama · 1841
- Rash v. StateSupreme Court of Alabama · 1878
- Henry v. StateSupreme Court of Alabama · 1884
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3Cited by17 opinions
- Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
- Powell v. StateSupreme Court of Alabama · 1932
- Beasley v. StateAlabama Court of Appeals · 1957
- Golden v. StateAlabama Court of Appeals · 1958
- Apicella v. StateCourt of Criminal Appeals of Alabama · 2000
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