Inter-Ocean Cas. Co. v. Banks

• Citation: 32 Ala.App. 225,23 So.2d 874
• Decision Date: 27 November 1945
• Docket Number: 4 Div. 839.
• Parties: INTER-OCEAN CASUALTY CO. v. BANKS.
• Court: Alabama Court of Appeals

23 So.2d 874

32 Ala.App. 225

INTER-OCEAN CASUALTY CO. v. BANKS.

4 Div. 839.

Alabama Court of Appeals

November 27, 1945

A. L. Patterson, of Phenix City, for appellant.

Roy L. Smith, of Phenix City, and Jas. Hines, of LaFayette, for appellee.

BRICKEN Presiding Judge.

The question of primary importance presented by this appeal is whether or not the venire of jurors drawn and summoned for the week in which this case was tried in the court below should have been quashed on appellant's motion.

The facts on which the motion to quash the venire are based, are set forth in extenso in our opinion in Cook v. State Ala.App. 21 So.2d 446. Briefly stated, the motion is predicated upon the fact the venire was drawn from a box that contained only the names of citizens who resided in that portion of Russell County that formerly composed that Northern Judicial Division of that county. The box did not contain the names of any qualified citizen residing in that portion of the county that formerly composed the Southern Judicial Division of the county. This was brought about by the enactment of local legislation abolishing the judicial divisions. This had the effect of authorizing and requiring only one jury box for the entire county instead of a jury box for each judicial division. The jury commission did not consolidate the two boxes following the enactment of that legislature, hence the limited number of names in the box from which the venire was drawn.

The Statutes of this State are clear and unambiguous with respect to the preparation of the jury roll and the filling of the jury box. The clerk of the jury commission is required, under the direction of the jury commission, to obtain the name of every male citizen of the county over twenty-one and under sixty-five years of age, and their occupation, place of residence and place of business. Code 1940, Title 30, Section 18.

The Statute also requires the jury commissioners to meet in the court house at the county seat of the several counties on the first Monday in October of each year and to make in a well bound book, a roll containing the name of every male citizen in the county who possesses the qualifications prescribed by law for jurors who are not exempted from serving on juries. This roll is known as the jury roll. Code 1940, Title 30 Section 20.

Upon completion of the roll, the jury commission is required to have prepared plain white cards all of the same size and texture, on which are written or printed the occupation place of residence and place of business of the person whose name has been placed on the jury roll, writing or printing but one person's name, occupation, place of residence and of business, on each card. These cards are required to be placed in the jury box. The jury commission is charged with the duty of seeing that the name of every person possessing the qualifications required of jurors and not exempted by law from jury duty, is placed on the jury roll and in the jury box. Code 1940, Title 30, Section 24.

Tampering with the jury box and the doing of any act calculated to affect the fair drawing of a jury, are each made crimes punishable by imprisonment in the penitentiary. These statutory provisions exclude any idea of any authority for drawing a venire from a box that was not filled according to law. They also exclude any idea of any authority in the jury commission to...