Breden v. State

CourtSupreme Court of Alabama
Writing for the CourtSOMERVILLE, J.
Citation7 So. 258,88 Ala. 20
PartiesBREDEN v. STATE.
Decision Date27 January 1890

7 So. 258

88 Ala. 20

BREDEN
v.
STATE.

Supreme Court of Alabama

January 27, 1890


Appeal from circuit court, Lawrence county; H. C. SPEAKE, Judge.

Indictment against Major R. Breden for the murder of Philip Terry. From the minute entry it appeared that, "defendant being in open court, the court caused the box containing the names of the jurors for the county to be brought into the court-room, and, after having the same well shaken, the presiding judge, in the presence of the defendant, then and there publicly drew from said box the names of fifty jurors, as follows, [stating them,] a list of which was immediately made out by the clerk of the court, and the sheriff ordered to summon the said fifty jurors to appear on the said 6th day of November, the day set for the trial of this cause; and it is ordered by the court that said fifty jurors so drawn and ordered summoned, together with the panel of petit jurors organized for the present week of this court, shall constitute the venire from which the jury to try this cause should be selected. And it appearing that the defendant is in actual confinement in the county jail, it is ordered by the court that the sheriff shall serve a copy of the special jury, drawn and ordered summoned to try said case, together with a copy of the jurors organized for the present week of this court, together with a copy of the indictment, upon the defendant in person, one entire day before the said 6th day of November, the day set for the trial." There is no bill of exceptions in the transcript.

W. P. Chitwood, for appellant.

W. L. Martin, Atty. Gen., for the State.

SOMERVILLE, J.

This is a capital case, being an indictment for murder. The jury was organized under the act of February 28, 1887, (Acts 1886-87, p. 151,) which is applicable to the county of Lawrence. The trial of the defendant was set for the week during which the order was made, and not for a week subsequent. Such being the case, section 10 of this statute requires that the presiding judge shall, in open court, draw from the box containing the names "not less than 25 nor more than 50 of said names for each capital case," a list of which the clerk is required to make out, and the sheriff is thereupon required to summon them. It is provided that "the names of the jurors so drawn, together with the panel of petit jurors organized for the week, shall constitute the venire from which the juries to try said capital case or cases shall be...

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5 cases
  • Daniels v. State, 1 Div. 162.
    • United States
    • Supreme Court of Alabama
    • January 21, 1943
    ...faithfully discharged his duty in the absence of any showing in the record. Hughes v. State, 117 Ala. 25, 23 So. 677; Breden v. State, 88 Ala. 20, 7 So. 258." Code 1940, T. 30, § 63, and note. Appellant's counsel state that the court erred in overruling the objections of appellant to the pr......
  • Walker v. State
    • United States
    • Supreme Court of Alabama
    • February 12, 1891
    ...with the order, in the absence of objection in the court below, founded on the want of it. Clarke v. State, 78 Ala. 474; Breden v. State, 88 Ala. 20, 7 South. Rep. 258. We are unable to conceive that the fact that the defendant "had credit" at the store of Ivey Cottrell, a brother of the de......
  • Watkins v. State
    • United States
    • Supreme Court of Alabama
    • June 27, 1890
    ...the sheriff should serve a copy of such venire on the defendant one entire day before the trial. Acts 1886-87, p. 151; Breden v. State, 88 Ala. 20, 7 South. Rep. 258. The objection of defendant of going into trial, his plea in abatement, and demurrer to the indictment, all of which proceede......
  • Hughes v. State
    • United States
    • Supreme Court of Alabama
    • June 9, 1898
    ...State, 69 Ala. 159; Shelton v. State, 73 Ala. 5; Clarke v. State, 78 Ala. 474; Washington v. State, 81 Ala. 35, 1 So. 18; Breden v. State, 88 Ala. 20, 7 So. 258. 2. The defendant was indicted for murder. The jury rendered a verdict in words-"guilty of manslaughter in the first degree, as ch......
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