Jones v. State

• Court: Alabama Supreme Court
• Writing for the Court: McCLELLAN, J.
• Citation: Jones v. State, 61 So. 334, 181 Ala. 9 (Ala. 1913)
• Decision Date: 06 February 1913
• Parties: JONES v. STATE.

61 So. 334

181 Ala. 9

JONES v. STATE.

Supreme Court of Alabama

February 6, 1913

Appeal from Criminal Court, Jefferson County; M. Frank Cahalan Judge.

Arthur Jones was convicted of murder, and he appeals. Affirmed.

C.D Comstock, of Birmingham, for appellant.

R.C Brickell, Atty. Gen., W.L. Martin, Asst. Atty. Gen., and Borden Burr, of Birmingham, for the State.

McCLELLAN J.

The appellant was adjudged guilty of murder in the first degree and sentenced to suffer death. When brought before the court to be arraigned, he presented to the court a paper thus captioned: "Comes the defendant, Arthur Jones, and objects and protests against being arraigned in this cause and to answer said indictment. ***" The "reasons and grounds" assigned therefor were these: That the grand jury was illegally drawn; that said grand jury was not drawn as is required by law; that a number of the grand jury were not qualified to serve on said jury as is required by law; and that defendant had not been served with a list of the venire to try him, nor had he had notice of the drawing thereof. The objections were as general as our statement of them indicates.

The record proper affirmatively shows that the defendant was present, in open court, during all of the proceedings in the cause, and at all stages thereof, and also that a copy of the venire for his trial and a copy of the indictment were served on the defendant four days before the day for which his trial was set. The bill of exceptions, in which his objection and protest is set forth, contains no evidence, of any character reflecting upon the truth of the facts the record, in this connection, recites. Since the Jury Law of 1909 has been in effect, objections to indictments on any ground...