Breden v. State
| Decision Date | 27 January 1890 |
| Citation | 7 So. 258,88 Ala. 20 |
| Parties | BREDEN v. STATE. |
| Court | Alabama Supreme Court |
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, There is no bill of exceptions in the transcript.
W. P. Chitwood, for appellant.
W. L. Martin, Atty. Gen., for the State.
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 selected." There is a proviso to the section which does not affect this case.
1. The order and proceedings of the court in regard to the organization of the jury substantially conform to the requirements of this statute. Goley v. State, 85 Ala. 333, 5 South. Rep. 167; Morrison v. State, 84 Ala. 405, 4 South Rep. 402.
2. The order given as to the service of the venir...
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Daniels v. State
...having 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 Appellant's counsel state that the court erred in overruling the objections of appellant to the p......
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Walker v. State
... ... with the order of the court in that regard, cannot avail the ... appellant. This court will presume compliance 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 ... deceased, was at all relevant to any issue in this case ... Conceding its pertinency, the error of the ... ...
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Watkins v. State
...affirmatively show the date on which it was entered will not, however, avail the defendant on appeal, if, as in this case and that of Breden v. State, infra, same court,) it can be ascertained with certainty from the record in the court below that the order was made during the week for whic......
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Hughes v. State
... ... defects he now, for the first time, raises against the ... regularity of the proceedings. Spicer v. 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 ... 2. The ... defendant was indicted for murder. The jury rendered a ... verdict in words-"guilty of manslaughter in the first ... degree, as charged in the indictment, and fix his penalty at ... ten years' imprisonment in the penitentiary." ... The ... ...