Peters v. State

Decision Date08 June 1893
Citation13 So. 334,98 Ala. 38
PartiesPETERS v. STATE.
CourtAlabama Supreme Court

Appeal from district court, Lauderdale county; W. P. Chitwood Judge.

Linville Peters was convicted of grand larceny, and appeals. Reversed.

John T Ashcraft, for appellant.

Wm. L Martin, Atty. Gen., for the State.

STONE C.J.

The district court of Colbert and Lauderdale counties was created by the act approved February 13, 1891, (Sess. Acts 1890-91 p. 605.) In section 9 of said act it is provided "that the grand and petit juries shall be drawn and impaneled in the same manner as is or may be provided by law for grand and petit juries in the circuit court of said counties." By our latest jury law, approved February 28, 1887. (Sess. Acts p. 151; 2 Code 1886, p. 131, note,) after providing for the drawing of jurors, in section 9 of said act it is provided "that out of the grand jurors so summoned and attending, the court shall organize a grand jury, as now provided by law; and if, by reason of sickness or nonattendance or any cause, a sufficient number shall not appear, the court shall order the sheriff to summon from the qualified citizens of the county twice the number necessary to complete the grand jury, and from such number shall be drawn in the manner required by law a sufficient number to complete the grand jury." In volume 2, Code 1886, § 4337, is this provision: "At least fifteen persons must be sworn on the grand jury, one of whom must be appointed as foreman by the court; and, if he is discharged or excused for any cause after the jury is sworn or charged, the court may appoint another in his place." At a district court for Lauderdale county, commencing on January 2, 1893, a grand jury was organized, consisting of fifteen persons, of which J. H. Olive was appointed and sworn as foreman. At a late day of the term, to wit, on January 11, 1893, the court made the following order: "The grand jury comes into court and reports that the number composing the grand jury have been reduced to thirteen by reason of the sickness of Hiram Cox and the sickness of the family of James H. Olive. It is ordered by the court that the sheriff summon from the qualified citizens of the county four persons, and place their names in a hat, from which to complete this grand jury; and the sheriff thereupon, after a compliance with the order of the court, drew from the hat the names of J. R. Cox and J. L. Howell, who being found to possess the necessary qualifications as grand jurors of this court at this term, they were then duly and legally sworn as grand jurors for the purpose of completing the grand jury as aforesaid. And the court then directed that owing to the absence of ...

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8 cases
  • Hammond v. State, 3 Div. 444
    • United States
    • Alabama Court of Criminal Appeals
    • 1 March 1977
    ...in arrest of judgment, or by motion to quash; otherwise by plea in abatement. Ramsey v. State, 113 Ala. 49, 21 So. 209; Peters v. State, 98 Ala. 38, 13 So. 334." In considering the applicability of Gregg v. Maples, supra, we make the following (1) Gregg v. Maples arose from a petition for w......
  • Spivey v. State
    • United States
    • Alabama Supreme Court
    • 29 June 1911
    ... ... 234] ... and is fatal, and goes to the organization of the grand jury ... which found and returned the bill, the objection is availing ... on motion in arrest of judgment, or by motion to quash; ... otherwise by plea in abatement. Ramsey v. State, 113 ... Ala. 49, 21 So. 209; Peters v. State, 98 Ala. 38, 13 ... These ... two provisions--one applying to the jury law, and the other ... to indictments--have been often pointed out by this court ... The ... earlier cases were reviewed by Justice Haralson, in ... Linehan's Case, 113 Ala. 79, 21 So. 500, in ... ...
  • Ex parte Lawler
    • United States
    • Alabama Supreme Court
    • 16 December 1913
    ... ... perfected, had no power to add any other person to said grand ... jury unless the number was reduced below 15. Berry v ... State, 63 Ala. 127; Kilgore's Case, 74 Ala. 1; ... Blevins v. State, 68 Ala. 92; Nordan v ... State, 143 Ala. 13, 39 So. 406; Osborn v ... State, 154 ... was held to apply to grand juries already organized, as well ... as to those while in the process of organization. Peters ... v. State, 98 Ala. 38, 13 So. 334; Ramsey v ... State, 113 Ala. 49, 21 So. 209 ... It will ... be noted that under the language of ... ...
  • Jacobs v. State
    • United States
    • Alabama Supreme Court
    • 19 May 1906
    ... ... The ... record shows that J. A. Thornton for a sufficient reason was ... excused. This reduced the number of jurors to 14, and the ... court ordered two qualified persons summoned, and the record ... shows that section 5023 was complied with. Peters v ... State, 98 Ala. 38, 13 So. 334 ... It was ... sufficient if the organization of the grand jury was ... incorporated in the minutes any time before the adjournment ... of the term. Carwile v. State (Ala.) 39 So. 220 ... Section 22 of the act of 1895 does not relate to general ... ...
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