Noel v. State
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. W. L. Noel was convicted of murder, and he appeals.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. W. L. Noel was convicted of murder, and he appeals. The right to a special venire cannot be waived in any manner other than that provided by the statute. — Sec. 7264, Code 1907; Bankhead v. The State, 124 Ala. 14; The defendant need not have been in court when the special venire was drawn as'that was not the time for him to complain at anything that might be done violating his lights in the premises. — Hurd v. The State, 116 440; Washington v. The State, 81 Ala. 35. Defendanb could not Avaive his right to a full and…
1Opinion of the CourtSayre, J.
Some days after arraingment, plea, and special venire drawn, but before a copy of the venire had been served on him, the defendant being in court with his counsel, the solicitor moved the court to quash the special venire on the ground that the name of W. P. Jordan appeared on both the special venire and on tbe venire of regular jurors summoned for the week in which the case had been set for trial. The court took evidence which went to establish the fact alleged in the motion, and that there was only one W. P. Jordan in the county. Thereupon the court, calling upon the defendant to know what…
2Cases cited16 opinions
- Burton v. StateSupreme Court of Alabama · 1894
- Burton v. StateSupreme Court of Alabama · 1896
- Davis v. StateSupreme Court of Alabama · 1901
- Roberts v. StateSupreme Court of Alabama · 1881
- McQueen v. StateSupreme Court of Alabama · 1891
11 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- City of Birmingham v. WillsSupreme Court of Alabama · 1912
- Mullins v. StateAlabama Court of Appeals · 1944
- Evans v. StateSupreme Court of Alabama · 1923
- Zininam v. StateSupreme Court of Alabama · 1914
- Hardie v. StateSupreme Court of Alabama · 1953
17 more not listed; retrieve them via the Exa API.