Ballard v. State, 6 Div. 181.

CourtAlabama Court of Appeals
Citation28 Ala.App. 346,184 So. 259
Docket Number6 Div. 181.
PartiesBALLARD v. STATE.
Decision Date17 May 1938

184 So. 259

28 Ala.App. 346

BALLARD
v.
STATE.

6 Div. 181.

Court of Appeals of Alabama

May 17, 1938


Rehearing Denied June 7, 1938.

Affirmed on Mandate Nov. 1, 1938.

Appeal from Circuit Court, Pickens County; Benj. F. Elmore, Judge.

Grover C. Ballard was convicted of unlawfully possessing a still, and he appeals.

Reversed and remanded.

Certiorari granted by Supreme Court in Ballard v. State, 184 So. 260.

F. F. Windham, of Tuscaloosa, for appellant.

A. A. Carmichael, Atty. Gen., and John J. Haynes, Asst. Atty. Gen., for the State.

RICE, Judge.

Before striking the jury, appellant asked that they be required to "identify themselves"--that is, that those whose names were on the list from which he was required to strike, "stand up, and tell their occupations, and where they live."

It seems to us the above was a reasonable request; and came squarely within the provisions of Code 1928, § 8662.

In its opinion in the case of Gholston v. State, 221 Ala. 556, 130 So. 69, our Supreme Court said: "Code, § 8662, confers upon the parties the right, under the direction of the court, to further examine the jurors within proper bounds to ascertain 'any matter that might tend to affect their verdict.' This, we have held, includes pertinent matters to enable the party to advisedly make peremptory challenges. Rose v. Magro [220 Ala. 120], 124 So. 296. But this section does not empower the party to require the court to put such questions to the jury even when properly framed."

True, the above seems a matter within the sound discretion of the court, as will appear from the following quotation from the Supreme Court's opinion in the case of Rose v. Magro, supra (page 298), to wit: "Within the limits of propriety and pertinence, the parties (having respective peremptory challenges or struck jury), within the sound discretion of the court, had the right to reasonably and timely propound questions to jurors to enable such party or his counsel to intelligently exercise that right, though the matters of which inquiry are made are not a disqualification."

Denying appellant's request that the jurors "identify themselves" seems to us an abuse of the trial court's discretion.

The colloquy between the court and the attorney representing the defendant, to [184 So. 260.] our way of thinking--this being the first instance that ever came under our observation of the trial court's denying such a request--demonstrates that what the counsel...

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5 practice notes
  • Woods v. State, 5 Div. 393
    • United States
    • Alabama Court of Criminal Appeals
    • January 24, 1978
    ...of such a conversation will justify a discharge of the jury, Bascom v. State, Ala.Cr.App., 344 So.2d 218, 222 (1977); Ballard v. State, 28 Ala.App. 346, 184 So. 259, reversed on other grounds, 236 Ala. 541, 184 So. 260 (1938), in the absence of a finding and determination by the trial judge......
  • Roan v. Smith, 1 Div. 770
    • United States
    • Supreme Court of Alabama
    • September 21, 1961
    ...Co. v. Mathews, 220 Ala. 549, 126 So. 869; Louisville & N. R. Co. v. Page 227 Davis, 236 Ala. 191, 181 So. 695; Ballard v. State, 28 Ala.App. 346, 184 So. 259; 236 Ala. 541, 184 So. 260; Code of 1940, Tit. 30, Sec. The attorney for the appellee stated to the court: 'The Roans own the Ca......
  • Hand v. State, 1 Div. 653
    • United States
    • Alabama Court of Criminal Appeals
    • April 24, 1984
    ...162, 59 So. 307 (1912); Mullins v. State, 24 Ala.App. 78, 130 So. 527, cert. denied, 222 Ala. 9, 130 So. 530 (1930); Ballard v. State, 28 Ala.App. 346, 184 So. 259 (1938). "The prejudicial effect of communications between jurors and others, especially in a criminal case, determines the......
  • Pogue v. State, 2 Div. 340
    • United States
    • Alabama Court of Criminal Appeals
    • February 1, 1983
    ...mentioned the trial "in any way." The conduct of the Sheriff did not warrant the granting of a mistrial. Ballard v. State, 28 Ala.App. 346, 348, 184 So. 259 (1938). "All conversation between jurors and officers of the court does not amount to misconduct, per se, and a showing......
  • Request a trial to view additional results
5 cases
  • Woods v. State, 5 Div. 393
    • United States
    • Alabama Court of Criminal Appeals
    • January 24, 1978
    ...of such a conversation will justify a discharge of the jury, Bascom v. State, Ala.Cr.App., 344 So.2d 218, 222 (1977); Ballard v. State, 28 Ala.App. 346, 184 So. 259, reversed on other grounds, 236 Ala. 541, 184 So. 260 (1938), in the absence of a finding and determination by the trial judge......
  • Roan v. Smith, 1 Div. 770
    • United States
    • Supreme Court of Alabama
    • September 21, 1961
    ...Co. v. Mathews, 220 Ala. 549, 126 So. 869; Louisville & N. R. Co. v. Page 227 Davis, 236 Ala. 191, 181 So. 695; Ballard v. State, 28 Ala.App. 346, 184 So. 259; 236 Ala. 541, 184 So. 260; Code of 1940, Tit. 30, Sec. The attorney for the appellee stated to the court: 'The Roans own the Ca......
  • Hand v. State, 1 Div. 653
    • United States
    • Alabama Court of Criminal Appeals
    • April 24, 1984
    ...162, 59 So. 307 (1912); Mullins v. State, 24 Ala.App. 78, 130 So. 527, cert. denied, 222 Ala. 9, 130 So. 530 (1930); Ballard v. State, 28 Ala.App. 346, 184 So. 259 (1938). "The prejudicial effect of communications between jurors and others, especially in a criminal case, determines the......
  • Pogue v. State, 2 Div. 340
    • United States
    • Alabama Court of Criminal Appeals
    • February 1, 1983
    ...mentioned the trial "in any way." The conduct of the Sheriff did not warrant the granting of a mistrial. Ballard v. State, 28 Ala.App. 346, 348, 184 So. 259 (1938). "All conversation between jurors and officers of the court does not amount to misconduct, per se, and a showing......
  • Request a trial to view additional results

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