Compton v. State
| Decision Date | 18 May 1898 |
| Parties | COMPTON v. STATE.[1] |
| Court | Alabama Supreme Court |
Appeal from circuit court, Marshall county; J. A. Bilbro, Judge.
Lucian Compton and Brash Snead were jointly indicted for the murder of one Chap Browning, by shooting him with a pistol. There was a severance, and on the trial of Lucian Compton at the spring term, 1896, of the circuit court of Marshall county he was convicted of murder in the second degree and sentenced to the penitentiary for 17 years. This is the second appeal in this case, the report of the case on the first appeal being found in 110 Ala. 24, 20 So. 119. Affirmed.
After the rendition of his verdict, the defendant moved for an arrest of judgment, upon the following grounds: (1) That the grand jury which found the verdict was an illegal body, in that one George Hendrix, one of the persons drawn and summoned as a grand juror, appeared in obedience to said summons, and after being duly impaneled as a grand juror was, on motion or suggestion of the solicitor, discharged and not allowed to participate in the proceedings of said body. (2) Because at the organization of the grand jury, which preferred the indictment against the defendant, 15 persons who had been drawn and summoned, and who were duly qualified to serve as grand jurors, had appeared and were sworn and were placed upon the grand jury, and the court, without the authority of law, placed upon the grand jury two other persons who were summoned as talesmen, and then discharged without reason, one George Hendrix, one of the persons regularly drawn, summoned and sworn, upon the grand jury. The facts upon which this motion was made are sufficiently stated in the opinion. The motion was overruled, and the defendant duly excepted. The facts pertaining to the ruling upon the evidence which is reviewed on the present appeal, are sufficiently stated in the opinion. It is deemed unnecessary to set out in detail the charges refused to the defendant.
O. D. Street, for appellant.
Wm. C. Fitts, Atty. Gen., for the State.
1. The motion in arrest of the judgment, was properly overruled. The minute entry shows, that two of the persons, one of whom was George Hendrix, who had been drawn and summoned to serve as grand jurors, did not appear, and two others appearing, were excused by the court. The sheriff was ordered to summon four persons from the qualified citizens of the county,-twice the number necessary to complete the grand jury,-and he did summon four such persons, all of whom were found to be competent. Two from this number were drawn, and with the others present, were duly impaneled, sworn and charged according to law as grand jurors, and retired in charge of a sworn bailiff. Before their retirement, said George Hendrix appeared, and was duly sworn as a grand juror; but, on suggestion of the solicitor, said Hendrix was excused from serving as such grand juror. The...
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