Davis v. State
| Citation | 88 So. 868,205 Ala. 673 |
| Decision Date | 12 May 1921 |
| Docket Number | 1 Div. 169 |
| Parties | DAVIS v. STATE. |
| Court | Supreme Court of Alabama |
Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge.
Richard Davis, alias, was convicted of murder in the first degree, and sentenced to death, and appeals. Affirmed.
Harwell G. Davis, Atty. Gen., for the State.
The defendant was indicted, tried, and convicted of murder in the first degree. His punishment was fixed at death.
There are no assignments of error. This is not necessary in a criminal case. Section 6264, Criminal Code 1907.
We find no briefs in the record. There is no bill of exceptions in the transcript. None of the testimony is before us. We have read carefully the record.
The court on July 19, 1920, fixed the number of persons to constitute the venire at 100. It directed that these 100 persons be composed of the 37 regular jurors drawn and summoned for the week the case was set for trial and the 63 jurors drawn from the jury box by the court. This was error. The law requires that the venire be composed of the regular jurors drawn for the week the case is set for trial, and a sufficient number of special jurors to complete the number fixed in the order. Acts 1919, p. 1039, § 32 (approved September 29, 1919).
In the case of Walker v. State, 85 So. 787, a similar order was held to be error, but not reversible, as it was without prejudice to the defendant. See, also, Edwards v. State, 87 So. 179; Charley v. State, 204 Ala. 687, 87 So. 177; Anderson v. State, 85 So. 789.
We find no reversible error in the record.
Affirmed.
All the Justices concur, except SAYRE, J., who dissents.
To continue reading
Request your trial
-
Anderson v. State
...was without prejudice to defendant. Walker v. State, 204 Ala. 474, 85 So. 787; Anderson v. State, 204 Ala. 476, 85 So. 789; Davis v. State, 205 Ala. 673, 88 So. 868; Charley v. State, 204 Ala. 687, 87 So. Edwards v. State, 205 Ala. 160, 87 So. 179; Whittle v. State, 205 Ala. 639, 89 So. 43.......
-
Stone v. State
...... Appeal. from Circuit Court, Jackson County; W. W. Haralson, Judge. . . Joe. Stone was convicted of murder in the first degree, and he. appeals. Reversed and remanded. . . John B. Tally, of Scottsboro, for appellant. . . Harwell. G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for. the State. . . THOMAS,. J. . . The. trial and conviction was for murder in the first degree, and. the death penalty was imposed. . . In a. criminal case the duty is laid upon this court to. "consider all ......
-
Hymes v. State
...cause. It is not necessary to assign errors or to file a brief in a criminal case when the defendant prosecutes the appeal. Davis v. State, 205 Ala. 673, 88 So. 868; v. State (Ala. Sup.) 93 So. 706. The court must in such case "consider all questions apparent on the record or reserved by bi......
-
Reese v. State
...... of a capital case shall be made up of the persons specially. drawn and "those drawn. [152 So. 42.] . on the regular juries for the week in which the case is set. for trial," are mandatory, Spooney v. State,. 217 Ala. 219, 115 So. 308; Zininam v. State, 186. Ala. 12, 65 So. 56; Davis v. State, 205 Ala. 673, 88. So. 868; Doss v. State, supra. Most of the jurors. constituting the special venire for defendant's trial. were drawn to serve as jurors at the September term. of the court, and therefore the venire did not meet either. the requirements of the statute or the order of ......