Goley v. State

• Decision Date: 13 December 1888
• Parties: GOLEY v. STATE.
• Court: Alabama Supreme Court

5 So. 167

85 Ala. 333

GOLEY v. STATE.

Supreme Court of Alabama

December 13, 1888

Appeal from circuit court, Conecuh county; JOHN P. HUBBARD, Judge.

Indictment for the murder of William Luckey for shooting. The defendant among other things, excepted to the refusal of the court to give the following requested instructions: "(1) If the jury find that the state has failed to prove any adequate or sufficient motive for committing the crime charged, they can look at such failure as a strong circumstance tending to show the defendant's innocence. (2) If no motive for the crime is found, this is a very strong circumstance in favor of the defendant's innocence, and as tending to show his innocence. (3) If the jury believe, from the evidence, that the deceased called to the defendant to wait for him on the morning of the shooting, just before the killing, and that the defendant did stop and wait, at the request of the deceased, and that their feelings were friendly towards each other, this is a circumstance the jury may look at, as tending to show that there was no malice, and that the shooting was done accidentally, or by misadventure, and, if they so believe that the killing was the result of an accident or misadventure, they must find the defendant not guilty."

Thos. N. McClellan, Atty. Gen., for the State.

CLOPTON J.

The term of the circuit court of Conecuh county may continue two weeks. On Monday of the second week, which is the week for the trial of criminal cases, the court made an order setting Friday of the same week for the trial of defendant, who was charged with murder, and that the sheriff serve on him a list of the special jurors drawn in open court, "together with those jurors summoned and served on the regular venire of jurors drawn for the second week of said court." The tenth section of the "Act to more effectually secure competent and well-qualified jurors in the several counties of this state, with the exception" of certain named counties, provides "that, when any capital case or cases stand for trial, the court shall, at least one entire day before the same are set for trial, cause the box containing the names of jurors to be brought into the court-room, and, after having the same well shaken, the presiding judge shall then and there publicly draw therefrom not less than twenty-five, nor more than fifty, of said names for each capital case, a list of which shall be immediately made out by the clerk of said court, and an order issued to the sheriff to summon the same to appear upon the day set for trial, in like manner and under like penalties as provided for summoning...