State v. Phillips
Supreme Court of Alabama
Error to the Circuit Court of Madison County. The defendant was indicted in the Circuit Court of Madison County, for the murder of James Still, and found guilty by the jury. Previous to the sentence of condemnation, the prisoner moved in arrest of judgment, because the writ of venire, which issued to the sheriff to summon the grand jury, was, by the clerk, directed to “ any sheriff of the State of Alabama.” The writ was returned executed, by the sheriff of Madison County.
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Error to the Circuit Court of Madison County. The defendant was indicted in the Circuit Court of Madison County, for the murder of James Still, and found guilty by the jury. Previous to the sentence of condemnation, the prisoner moved in arrest of judgment, because the writ of venire, which issued to the sheriff to summon the grand jury, was, by the clerk, directed to “ any sheriff of the State of Alabama.” The writ was returned executed, by the sheriff of Madison County. The Court refused to arrest the judgment, but reserved the point for the revision of this Court, as one of novelty and…
1Opinion of the CourtOrmond, J.
— By an act of the Mississippi Territory passed in 1807, it was provided that there shall be drawn by the clerk and sheriff of the Superior Courts within this territory, in-open Court, one by one after the same are shaken together, thirty six jurors, which shall be entered on the minutes of the Court; and the clerk shall issue a venire facias for the jurors so drawn, *298returnable to the next term of said Court, and it shall be the duty of the sheriff,” &c. [Aik. Dig. 296.]
From this citation, it is very clear that the Legislature required a writ of venire facias, to be issued by the clerk, for…
2Cases cited1 opinion
- State v. StedmanSupreme Court of Alabama · 1838
3Cited by1 opinion
- Winter v. CoxeSupreme Court of Alabama · 1867