Smith v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before the Hon. O. Kyle. The appellant, Robert Smith, was jointly indicted with Prank Orr and Pink Batts, for the murder of Robert Taylor. The appellant in the present case was tried separately and was 'convicted of murder in the second degree and sentenced to the penitentiary for life.
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Appeal from the Circuit Court of Limestone. Tried before the Hon. O. Kyle. The appellant, Robert Smith, was jointly indicted with Prank Orr and Pink Batts, for the murder of Robert Taylor. The appellant in the present case was tried separately and was 'convicted of murder in the second degree and sentenced to the penitentiary for life. The defendant was arraigned the first week of the October term, 1901, in the circuit court of Limestone county, and after interposing his plea of not guilty, the court drew from the jury bos of the county the names of thirty persons to serve as special jurors,…
1Opinion of the CourtTyson, J.
The special venire served on defendant contained the names of W. M. Knowlster and R. A. Stewart. These two persons were- drawn as petit jurors for the second week of the c-outrt, but no,t summoned. The -order of-the court was in conformity with the statute. — Code, § 5005. It. required that the defend-*77apt be served, with the names only of the petit jurors drawn and summoned for the second week of the court. It was not complied with. ■ The motion to quash- the venire, having been made before, the trial was entered upon, should have been granted. — Ryan v. The State, 100 Ala. 108; Thomas v. The…
2Cases cited3 opinions
- McAnally v. StateSupreme Court of Alabama · 1883
- Hunter v. StateSupreme Court of Alabama · 1895
- Thomas v. StateSupreme Court of Alabama · 1891
3Cited by14 opinions
- Gregory v. StateSupreme Court of Alabama · 1903
- Kissic v. StateSupreme Court of Alabama · 1957
- Marshall v. StateSupreme Court of Alabama · 1929
- Phillips v. StateSupreme Court of Alabama · 1909
- Bynum v. StateCourt of Criminal Appeals of Alabama · 1976
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