Legal Opinion

Forney v. State

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 8 opinions

Fbom Marshall Circuit Court. Tried before tbe Hob. JohN B. Talley. Tbe defendant, George Forney, was indicted and tried for tbe murder of Jerry Jefferson, by shooting him with a double-barrelled shot gun, about tbe latter part of September, 1892. Before entering upon tbe trial, a motion was made by tbe defendant to quash tbe indictment, on tbe grounds : 1 Because tbe grand jury that found tbe indictment, was not drawn by the clerk, tbe sheriff and tbe probate judge in tbe…

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Fbom Marshall Circuit Court. Tried before tbe Hob. JohN B. Talley. Tbe defendant, George Forney, was indicted and tried for tbe murder of Jerry Jefferson, by shooting him with a double-barrelled shot gun, about tbe latter part of September, 1892. Before entering upon tbe trial, a motion was made by tbe defendant to quash tbe indictment, on tbe grounds : 1 Because tbe grand jury that found tbe indictment, was not drawn by the clerk, tbe sheriff and tbe probate judge in tbe manner prescribed by law, in this: Tbe clerk, tbe sheriff and tbe probate judge drew from tbe box a number of names equal…

1Opinion of the CourtMcCLELLAN, J.

The Act of February 28, 1887, (Acts 1886-7, p. 151) amended by Act of February 29, 1889, (Acts of 1888 — 9,' p. 77) does not apply to tbe County of Marshall. The statutory provisions relating to the drawing of grand and petit jurors in that county are those found in the Code of 1886, Part 5, Title 3, Chapter 4, §§ 4299 et sequitur, which do not require the separate and successive drawing of grand and petit juries respectively.—Dotson v. State, 62 Ala. 141. The objections taken by the defendant to the manner of drawing the grand jury which returned the indictment against him and the petit…

2Cases cited4 opinions

  1. Hurd v. StateSupreme Court of Alabama · 1891
  2. Dotson v. StateSupreme Court of Alabama · 1878
  3. Murphy v. StateSupreme Court of Alabama · 1888
  4. Wells v. StateSupreme Court of Alabama · 1891

3Cited by8 opinions

  1. Turner v. StateSupreme Court of Alabama · 1899
  2. Sanford v. StateAlabama Court of Appeals · 1954
  3. Veasey v. StateAlabama Court of Appeals · 1925
  4. Black v. StateAlabama Court of Appeals · 1911
  5. Townsend v. StateAlabama Court of Appeals · 1921

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