Legal Opinion

Rambo v. State

Supreme Court of Alabama

Decided November 15, 1901PublishedCited by 17 opinions

Appeal from the Circuit Court of ¿Geneva- Tried before the Hon. John P. Htjbbard. The appellant in this case,' Marshall Rambo, was jointly indicted with Sewell Cook for the robbery of John Huttman. On the demand of defendant a severance was granted and' Rambo was tried separately. He was convicted of an “assault with the intent to fob,” and was sentenced to the penitentiary- for four years.

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Appeal from the Circuit Court of ¿Geneva- Tried before the Hon. John P. Htjbbard. The appellant in this case,' Marshall Rambo, was jointly indicted with Sewell Cook for the robbery of John Huttman. On the demand of defendant a severance was granted and' Rambo was tried separately. He was convicted of an “assault with the intent to fob,” and was sentenced to the penitentiary- for four years. Before entering upon the trial of the case, the defeu dant moved the court to quash the venire of this canse, for the reason that no special venire had been drawn by the court from the jury box and…

1Opinion of the Court

TYSON, J

The presiding judge evidently overlooked the difference in the'phraseology Of the act of 1884-85 under which Chamblee’s case (78 Ala. 466) was decided and which phraseology was' carried' into the act of February, 1887, and the section of the Code (5004) under which the special venire in this case was drawn. The difference was pointed out in Adams v. The State, 133 Ala. 166; 31 So. Rep. 851. The same error was committed in that case that was committed upon the trial of this with respect to ordering one special venire for the trial or two or more capital cases. Indeed with respect to…

2Cases cited6 opinions

  1. Thomas v. StateSupreme Court of Alabama · 1890
  2. Morris v. StateSupreme Court of Alabama · 1892
  3. Adams v. StateSupreme Court of Alabama · 1901
  4. Chamblee v. StateSupreme Court of Alabama · 1885
  5. Allen v. StateSupreme Court of Alabama · 1877

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

3Cited by17 opinions

  1. Wallace v. StateSupreme Court of Alabama · 1973
  2. James v. StateTennessee Supreme Court · 1964
  3. Green v. StateSupreme Court of Alabama · 1904
  4. Patterson v. StateSupreme Court of Alabama · 1932
  5. Robertson v. StateAlabama Court of Appeals · 1931

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

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