Dunlap v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Iíou. ¥i. E. Clarke. The record in this case shows that, at the January term of said court, 1884, a conditional judgment for $50 was rendered in favor of the State, for the use of Mobile county, against David R. Dunlap; as a defaulting juror; that said Dunlap appeared, on a subsequent day of the term, and asked to have the forfeiture set aside, claiming exemption from jury service as a member of an incorporated…
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Appeal from the Circuit Court of Mobile. Tried before the Iíou. ¥i. E. Clarke. The record in this case shows that, at the January term of said court, 1884, a conditional judgment for $50 was rendered in favor of the State, for the use of Mobile county, against David R. Dunlap; as a defaulting juror; that said Dunlap appeared, on a subsequent day of the term, and asked to have the forfeiture set aside, claiming exemption from jury service as a member of an incorporated fire-company in the city of Mobile, after five years active service; that he adduced proof of the facts on which his claim of…
1Opinion of the CourtStone, C. J.
— For many centuries, the right of trial by jury has been a cherished bulwark of liberty, with all English-speaking people. Our revolutionary fathers, when they came to form a more perfect union and establish justice, incorporated it as one of the canons in the fundamental law. So, each of the States composing the Federal Union has given the stereotyped phrase a prominent place in its constitution. To be tried by his peers, or equals, was the Englishman’s boasted right. Hence, in that country, where official caste prevails, one of the higher classes could only be tried by jurors belonging to…
2Cases cited13 opinions
- Stone v. MississippiSupreme Court of the United States · 1880
- Butchers' Union Slaughter-House & Live-Stock Landing Co. v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1884
- Boyd v. AlabamaSupreme Court of the United States · 1877
- Salt Co. v. East SaginawSupreme Court of the United States · 1872
- Green v. StateSupreme Court of Alabama · 1882
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3Cited by4 opinions
- Hardy v. RandallSupreme Court of Alabama · 1911
- Samples v. StateAlabama Court of Appeals · 1923
- State v. CantwellSupreme Court of North Carolina · 1906
- State v. . CantwellSupreme Court of North Carolina · 1906