Patterson v. State
Supreme Court of Alabama
Appeal from Clay County Court. Heard before Hon. E. J. Garrison. Mai Patterson was convicted of manslaughter and appeals. The orders of the court, were to summon 20 men whose names appear on the venire of grand jurors. In obedience to that summons, the sheriff summoned all except 2, reported as “not found” in his county.
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Appeal from Clay County Court. Heard before Hon. E. J. Garrison. Mai Patterson was convicted of manslaughter and appeals. The orders of the court, were to summon 20 men whose names appear on the venire of grand jurors. In obedience to that summons, the sheriff summoned all except 2, reported as “not found” in his county. When the grand jury was organized, the remaining 18 answered to their names; but the court for good and sufficient reasons shown did excuse 3 of them, leaving 15 jurors present, who were duly impaneled as the grand jury for the term of the court. On a later day of the court,…
1Opinion of the CourtAnderson, J.
The jury law (Acts Sp. Sess. 1909, p. 305 is a general law, and is exclusive, in so far as it may operate; and it applies to all courts in the state, and repeals all laws, local, special, or general, that may be in conflict therewith. This law, however, does not repeal article 8 p. 729, of the Criminal Code, as to what may constitute a grand jury, and which provides for its formation, oath, powers, duties, and business. Section 7282 provides that at least 15 persons must be sworn on the grand jury. Section 7283 says what must be done to complete the grand jury, if 15 do not appear; and it may…
2Cases cited3 opinions
- Gregory v. StateSupreme Court of Alabama · 1903
- Justice v. StateSupreme Court of Alabama · 1892
- McEwen v. StateSupreme Court of Alabama · 1907
3Cited by23 opinions
- Woodard v. StateSupreme Court of Alabama · 1950
- State Ex Rel. Baxley v. StrawbridgeCourt of Criminal Appeals of Alabama · 1974
- Evans v. StateSupreme Court of Alabama · 1923
- Lamb v. StateSupreme Court of Florida · 1925
- Wyatt v. StateAlabama Court of Appeals · 1951
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