Legal Opinion

Laws v. State

Supreme Court of Alabama

Decided June 7, 1905PublishedCited by 16 opinions

Appeal from Jefferson Criminal Court. Heard before tbe Hon. I). A. Greene. The appellant in this canse, Dave Laws, was tried under an indictment charging him with the murder of Neil Mullen. He was convicted of manslaughter in the first degree, and appeals. It is unnecessary to set out the proceedings on drawing the special venire, or on organization of the jury, as they are sufficiently shown by the opinion for an understanding thereof.

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Appeal from Jefferson Criminal Court. Heard before tbe Hon. I). A. Greene. The appellant in this canse, Dave Laws, was tried under an indictment charging him with the murder of Neil Mullen. He was convicted of manslaughter in the first degree, and appeals. It is unnecessary to set out the proceedings on drawing the special venire, or on organization of the jury, as they are sufficiently shown by the opinion for an understanding thereof. After two postponements, the defendant on the trial set up a plea in abatement to the effect that he was not represented by1 counsel on his arraignment, when…

1Opinion of the CourtAnderson, J.

The record-shows that the special venire in this case was drawn by “The judge of this court’’ and while the statute required it to be done by the “Presiding judge,” we think that the presiding judge and the judge of the court were but one and the saane. The point decided in the case of Scott v. State, 37 So. Rep. 366, had no application, as it was held in that case that the court and the presiding judge did not mean the same.

It is true that there are two judges of the criminal court of Jefferson county, but we must presume that the judge of the court as recited in the. minute entry was the…

2Cases cited6 opinions

  1. Hubbard v. StateSupreme Court of Alabama · 1882
  2. Evans v. StateSupreme Court of Alabama · 1895
  3. Jarvis v. StateSupreme Court of Alabama · 1902
  4. Verberg v. StateSupreme Court of Alabama · 1902
  5. Winter v. StateSupreme Court of Alabama · 1898

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Oliver v. StateSupreme Court of Alabama · 1936
  2. Cagle v. StateSupreme Court of Alabama · 1924
  3. Gosa v. StateSupreme Court of Alabama · 1961
  4. Hendley v. StateSupreme Court of Alabama · 1917
  5. Cook v. StateAlabama Court of Appeals · 1912

11 more not listed; retrieve them via the Exa API.

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