Howard v. State

• Decision Date: 20 May 1909
• Citation: 49 So. 755,160 Ala. 6
• Parties: HOWARD v. STATE.
• Court: Alabama Supreme Court

49 So. 755

160 Ala. 6

HOWARD v. STATE.

Supreme Court of Alabama

May 20, 1909

Appeal from Law and Equity Court, Walker County; T. L. Sowell, Judge.

Jim Howard was convicted of a capital felony, and he appeals. Reversed and remanded.

Leith & Gunn, for appellant.

Alexander M. Garber, Atty. Gen., for the State.

ANDERSON, J.

The defendant was indicted for a capital felony, and was arraigned upon same; but the record fails to show that he was tried by a special venire, or that such a venire was drawn as required by section 7263 of the Code of 1907. The failure of the record to disclose a compliance with this statute necessitates a reversal of this case. Burton v. State, 115 Ala. 1, 22 So. 585.

The judgment of the county court is reversed, and the cause is remanded.

Reversed and remanded.

DOWDELL, C.J., and McCLELLAN and SAYRE, JJ., concur.