Danzey v. State

• Decision Date: 27 June 1900
• Parties: DANZEY v. STATE.
• Court: Alabama Supreme Court

28 So. 697

126 Ala. 15

DANZEY v. STATE.

Supreme Court of Alabama

June 27, 1900

Appeal from circuit court, Henry county; John P. Hubbard, Judge.

James Danzey was convicted of robbery, and he appeals. Reversed.

The appellant, James Danzey, was jointly indicted with Festus McClenny and William Fuller for robbery. Before the trial of defendant Danzey the other defendants were acquitted, and James Danzey was tried alone. The indictment contained two counts. The first count was as follows: "The grand jury of said county charge that, before the finding of this indictment, James Danzey, William Fuller, and Festus McClenny feloniously took thirty-seven hundred dollars in money of the United States of America, a description or denomination of which to the grand jury is unknown, the personal property of Sarah Lock, of the value of thirty-seven hundred dollars from the possession and against the will of Jos. L. Lock, by violence to his person, or by putting him in such fear as unwillingly to part with same." To the first count of the indictment the defendant demurred upon the following grounds: "That said first count in said indictment does not aver or charge that said Jos. L. Lock was lawfully in possession, or that he was the legal custodian, of the said thirty-seven hundred dollars which is alleged to have been the property of Sarah Lock." The defendant was tried at the adjourned term of the circuit court of Henry county. At the regular fall term of the circuit court of Henry county to wit, on October 6, 1899, the judge of the said court called an adjourned term to commence on the first Monday in November, 1899, which was the 6th day of said month. The purpose of this adjourned term was the trial of State v James Harris for murder, and the trial of State v. James Danzey et al. for robbery. On the 8th day of November, 1899 the defendant was placed upon trial. In reference to the organization of the jury the bill of exceptions contains the following recital: "While proceeding to draw and select the jury, the name of E. S. Bryan, a talesman juror in the case, was drawn, and he was sworn, and, upon his examination by the court to ascertain his competency, in answer to the question whether or not he was related to either of the defendants by blood or marriage, answered that he was not related. The court then announced that he was competent. The state and defendant then accepted him, and the court directed said juror to take his seat in the jury box, which he did. A Mr. Mathews was next drawn, and sworn to answer questions as to his qualification, when the attorney for the state asked leave of the court to ask said juror Bryan as to his relationship to the defendant Fuller. The defendants objected. The court overruled the objection, and the defendants excepted. The state's attorney then asked said juror if his wife was not related to the defendant Fuller. He answered that she was a second cousin to Fuller. Said juror was asked how this relationship was created. He answered that he married the daughter of one Mathews, and that said Mathews' wife's mother was first cousin of the defendant Fuller's mother. Said Mathews was then sworn and examined by the court, and he testified that his wife's mother was first cousin to the mother of defendant Fuller, and that said juror Bryan married his (Mathews') daughter. The said juror Bryan had not been sworn as a juror in the case. This was substantially all the evidence upon the question of his eligibility. The court then adjudged the said juror Bryan incompetent and disqualified on account...