Hunt v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of "Baldwin. Tried before tbe Hon. William S. Anderson. Tbe appellant in this case, ITamp Hunt, was indicted and tried for tbe murder of Gilbert Howell and was convicted of murder in tbe second degree and sentenced to tbe penitentiary for ten years.
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Appeal from tbe Circuit Court of "Baldwin. Tried before tbe Hon. William S. Anderson. Tbe appellant in this case, ITamp Hunt, was indicted and tried for tbe murder of Gilbert Howell and was convicted of murder in tbe second degree and sentenced to tbe penitentiary for ten years. On tbe trial of tbe case the defendant moved tbe court to quash tbe special venire in tbe case upon tbe ground that there were three capital cases set for trial on the day this case was called and that tbe venire served on this defendant is tbe same special venire and was drawn at tbe same time and is composed of the…
1Opinion of the CourtMcCLELLAN, C. J.
The motion to quash the. special venire for the trial of this defendant should have been granted. Section 5004 of the Code, under cvhich this venire Avas drawn, requires that Avhen capital cases stand for trial the. judge shall draw from the jury box not less than twenty-five nor more than fifty names as special jurors “for each capital case.” Here three distinct capital cases Avere set for the same day. For the trial of each and all of them the court drew fifty names from the box, and put these identical fifty *8names, on the separate venires for tbe trial of each of the three defendants,…
2Cases cited2 opinions
- Turner v. StateSupreme Court of Alabama · 1899
- Adams v. StateSupreme Court of Alabama · 1901
3Cited by33 opinions
- Eakes v. StateCourt of Criminal Appeals of Alabama · 1978
- Rowe v. StateSupreme Court of Alabama · 1943
- Smith v. StateSupreme Court of Alabama · 1946
- Naftzger v. United StatesCourt of Appeals for the Eighth Circuit · 1912
- Walker v. StateSupreme Court of Alabama · 1908
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