Graves v. State
| Decision Date | 26 February 1910 |
| Citation | 166 Ala. 671,52 So. 34 |
| Parties | GRAVES ET AL. v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Criminal Court, Jefferson County; William E. Fort, Judge.
Will Graves and others were convicted of crime, and appeal. Rehearing granted, judgment reversed, and cause remanded.
Frank S. Andress, for appellants.
Alexander M. Garber, Atty. Gen., for the State.
On application for rehearing, the constitutionality of the act under which the special venire was drawn in this case is raised. No brief for the defendants came into the hands of the court upon the first hearing. The question of the constitutionality of this act was raised for the first time in this court in the case of George Crain v. State of Alabama (decided at the present term) 52 So. 31, after the first opinion in this case was handed down. It was there decided that the act in question was unconstitutional by reason of the fact that it was referred to one standing committee in the House of Representatives and reported back by another standing committee, which was in violation of section 62 of the Constitution of 1901. Upon the authority, therefore, of the case of Crain v. State, supra, the application for rehearing is granted, the judgment of affirmance set aside, judgment of reversal entered, and the cause is remanded.
Reversed and remanded.
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Reynolds v. State
...defendant was selected on his first trial, being unconstitutional, and so declared in Crain v. State, 166 Ala. 1, 52 So. 31, and Graves v. State, 52 So. 34. The second trial resulted in a mistrial and discharge of the jury by the court. This action of the court on the second trial, being wi......