Legal Opinion

Carson v. State

Supreme Court of Alabama

Decided January 15, 1874PublishedCited by 18 opinions

From tbe Criminal Court of Butler. Tried before tbe Hon. W. H. Crenshaw. The defendant in this case was indicted, jointly with Robert Hudson and Clarissa Patton, for the murder of Joseph Taylor; was tried separately, on issue joined on the plea of not guilty, convicted of murder in the first degree, and sentenced to be hanged.

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From tbe Criminal Court of Butler. Tried before tbe Hon. W. H. Crenshaw. The defendant in this case was indicted, jointly with Robert Hudson and Clarissa Patton, for the murder of Joseph Taylor; was tried separately, on issue joined on the plea of not guilty, convicted of murder in the first degree, and sentenced to be hanged. “ During the organization of the jury,” as the bill of exceptions states, “ one W. W. Wilkinson, who had been regularly summoned and drawn as a juror, being asked by the court, whether he had a fixed opinion as to the guilt or innocence of the defendant, replied, ‘ that…

1Opinion of the CourtBrickell, J.

The law excludes from the jury all who can be said to have prejudged the issue they are required to try, or who hold opinions as to the matters in issue which disqualify them from rendering the verdict the law demands'; a verdict not founded on preconceived opinions, or partiality for or prejudice against the accused, but a verdict according to the evidence delivered on the trial. At common law, there was much diversity of opinion, as to the inquiries proper to be made of one called as a juror, to ascertain whether he had prejudged the issue, or was disqualified because of opinions formed or…

2Cases cited5 opinions

  1. Dupree v. StateSupreme Court of Alabama · 1859
  2. Felix v. StateSupreme Court of Alabama · 1851
  3. Hall v. StateSupreme Court of Alabama · 1867
  4. Polly v. McCallSupreme Court of Alabama · 1860
  5. Harrison v. StateSupreme Court of Alabama · 1861

3Cited by18 opinions

  1. Jones v. StateSupreme Court of Alabama · 1913
  2. Coghill v. KennedySupreme Court of Alabama · 1898
  3. Leith v. StateSupreme Court of Alabama · 1921
  4. Bales v. StateSupreme Court of Alabama · 1879
  5. Daughdrill v. StateSupreme Court of Alabama · 1896

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