Kuykendall v. State
| Decision Date | 26 June 1917 |
| Docket Number | 8 Div. 432 |
| Citation | 76 So. 487,16 Ala.App. 197 |
| Parties | KUYKENDALL v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Marshall County; R.C. Brickell, Judge.
C Kuykendall was indicted for murder, and he appeals. Reversed and remanded.
John A Lusk & Son and Street & Bradford, all of Guntersville, for appellant.
W.L Martin, Atty. Gen., and P.W. Turner, Asst. Atty. Gen., for the State.
The defendant was indicted for murder in the first degree, and a special jury was summoned. Among the numerous assignments of error, it appears that assignment No. 1 must be conclusive of this appeal, and for the error of the court in overruling the defendant's motion to quash the venire the judgment of the lower court must be reversed, and the cause remanded.
The assignment of error referred to was based upon the grounds that the court erred in overruling the defendant's motion to quash the venire in this case, because the jury box from which the regular and special venire was drawn was made up from names of jurors residing in that part of Marshall county outside of the territorial jurisdiction of the Albertville court; in other words, that the regular and special venires were drawn from a box in which the names of jurors from all parts of Marshall county were deposited, and not from a jury box made up of the names of jurors residing in the territorial jurisdiction of the Albertville subdivision of the circuit court. It is without dispute that the venire was drawn from a box in which had been placed the names of persons qualified to serve as jurors from the entire county.
The general jury law, enacted during the special session of 1909 and approved August 31, 1909, in section 25 thereof, provides that a court established for a certain territorial jurisdiction must draw its juries from that territorial subdivision. The act establishing the Albertville subdivision of the circuit court of Marshall county, approved August 18, 1909 (Acts Sp.Sess.1909, p. 14), says, in section 7, that juries in that court may be drawn from the entire county; but the repealing section of the general jury law (section 32), passed at the same session, but at a subsequent date, says that:
"All laws, general, special or local, regulating the selection, drawing, summoning or impaneling of grand, or petit juries, or prescribing the qualifications of jurors, or defining who are exempt from jury service, or exempting...
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Chambers v. State
...C. Wilkinson, Asst. Atty. Gen., and John A. Lusk, of Guntersville, and A.E. Hawkins, of Ft. Payne, for the State. BROWN, P.J. In Kuykendall v. State, 76 So. 487, and Evans State, 201 Ala. 693, 79 So. 240, it was held that the purpose and effect of the act of the Legislature approved August ......
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Speer v. State
... ... territorial limitations is, in effect, setting up separate ... jurisdictions within the same counties as effectually as if ... two counties had been made instead of one. Lowery v ... State, 103 Ala. 50, 15 So. 641; Evans v. State, ... 201 Ala. 693, 79 So. 240; Kuykendall v. State, 16 ... Ala.App. 197, 76 So. 487; Harris v. State, 16 ... Ala.App. 509, 79 So. 270; Hardeman v. State, 19 ... Ala.App. 563, 99 So. 53; Porter v. State, 20 ... Ala.App. 74, 101 So. 97 ... In the ... Shell Case, supra, the so-called motion to quash was taken ... and ... ...
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Hardeman v. State
...the qualified jurors of the entire county of Jefferson, instead of within the territorial jurisdiction of said court. Kuykendall v. State, 16 Ala. App. 197, 76 So. 487; Shell v. State, 2 Ala. App. 207, 56 So. Evans v. State, 201 Ala. 693, 79 So. 240; Harris v. State, 16 Ala. App. 509, 79 So......