Legal Opinion

Jackson v. State

Supreme Court of Alabama

Decided December 15, 1883PublishedCited by 8 opinions

From the Circuit Court of Dallas. Tried before the Hon. John Moore. The defendant in this case was indicted for the murder of Rufus Gill, by shooting him with a pistol.

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From the Circuit Court of Dallas. Tried before the Hon. John Moore. The defendant in this case was indicted for the murder of Rufus Gill, by shooting him with a pistol. On his trial, and preliminary thereto, as the bill of exceptions states, “the following proceedings were had: On Monday, September 1st, 1884, the court set the next following Friday, it being the 5th day of the month, for the trial of said defendant under said indictment, and made an order fixing the number of jurors at sixty (60), including the regular jurors impanneled for the week, of whom there were twenty-nine (29); and…

1Opinion of the CourtSomerville, J.

— The motion to quash the venire was properly overruled. One of the grounds upon which this motion was based, was the failure of the sheriff to find one of the jurors whose name was on the list of those drawn by the court, and ordered to be summoned, in accordance with the provisions of the special law regulating the drawing and impanneling of grand and petit juries in the county of Dallas. — Acts 1882-83, pp. 273, 278; and amendatory act, on p. 446.

This precise question was considered by us in McElroy v. The State, at the last term, where we held, that such a motion was without merit, the…

2Cases cited2 opinions

  1. McElroy v. StateSupreme Court of Alabama · 1883
  2. Joseph v. CawthornSupreme Court of Alabama · 1883

3Cited by8 opinions

  1. Gibson v. StateSupreme Court of Alabama · 1889
  2. Williams v. StateSupreme Court of Alabama · 1886
  3. Johnson v. StateSupreme Court of Alabama · 1893
  4. Daughdrill v. StateSupreme Court of Alabama · 1896
  5. McKee v. StateSupreme Court of Alabama · 1886

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