Yancy v. State
Supreme Court of Alabama
(From the Circuit Court of Dallas. Tried before the Hon. Geo. H. Craig. The record in this case sets out the original venire of persons summoned as grand jurors, eighteen in number, of whom sixteen appeared; and the minute-entry recites that four of those appearing were excused by the court, “leaving the panel of grand jurors numbering only twelve persons; and thereupon the court ordered the sheriff of Dallas county to summon twelve good and lawful citizens from the body of…
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(From the Circuit Court of Dallas. Tried before the Hon. Geo. H. Craig. The record in this case sets out the original venire of persons summoned as grand jurors, eighteen in number, of whom sixteen appeared; and the minute-entry recites that four of those appearing were excused by the court, “leaving the panel of grand jurors numbering only twelve persons; and thereupon the court ordered the sheriff of Dallas county to summon twelve good and lawful citizens from the body of the people of said county, who possess the qualifications specified in the statutes of Alabama in such case made and…
1Opinion of the Court
BBICKELL, O. J.
The grand jury were impanelled in conformity to the statute. — Code of 1876, § 4754. The number of the original venire not- appearing, or appearing and being excused,’reduced the number of jurors below fifteen; and the court properly ordered the sheriff to summon a sufficient number of persons to complete the grand jury — that is, to make it of not less than fifteen, nor more than eighteen. Ordering the summons of “good and lawful citizens, possessing the qualifications specified in the statutes of Alabama, in such cases made and provided,” is equivalent to an order to summon…
2Cases cited1 opinion
- Ivey v. StateSupreme Court of Alabama · 1878
3Cited by10 opinions
- Kilgore v. StateSupreme Court of Alabama · 1883
- Fealy v. City of BirminghamAlabama Court of Appeals · 1916
- State v. MartinSupreme Court of Iowa · 1904
- McVay v. StateSupreme Court of Alabama · 1893
- Johnson v. StateSupreme Court of Alabama · 1907
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