Malone v. State, 3 Div. 4
| Decision Date | 25 August 1970 |
| Docket Number | 3 Div. 4 |
| Parties | Marvin MALONE, alias v. STATE. |
| Court | Alabama Court of Criminal Appeals |
James D. Straiton, Montgomery, for appellant.
MacDonald Gallion, Atty. Gen., and Walter S. Turner, Asst. Atty. Gen., for the State.
This is an appeal from a judgment of conviction of robbery. Punishment was fixed at fifteen years in the penitentiary.
Appellant timely filed a motion to quash the jury venire alleging, among other things, that the Board of Jury Supervisors (Jury Commissioners) have systematically excluded from the jury roll and jury box a particular class of individuals described as 'working trade'; such as, farmers, miners, carpenters, and the unemployed. Further, that this action has led to a jury venire composed of 'blue ribbon jurors' which do not represent a cross-section of the population of Montgomery County. This motion was denied by Judge Richard P. Emmet without a hearing and without affording appellant an opportunity to call witnesses in support of his allegations.
The court's failure to hear appellant on his motion to quash was error. Gibbs v. State, 44 Ala.App. 15, 200 So.2d 518; Thomas v. State,277 Ala. 570, 173 So.2d 111.
Appellant also filed the following motion to recuse, which was denied by Judge Emmet:
'Comes now the Defendant in the above-styled cause and moves each of the Circuit Judges of the Fifteenth Judicial to recuse himself at the hearing on the Motion to Quash the Venire heretofore filed in the above-styled cause, and, as grounds for such motion, the Defendant avers, separately and severally, the following:
In Reeves v. State, 260 Ala. 66, 68 So.2d 14, it was held that a trial judge should not preside in a case in which he is a material and necessary witness. Furthermore, the ...
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