Stallworth v. State
| Decision Date | 09 September 1969 |
| Docket Number | 1 Div. 380 |
| Citation | Stallworth v. State, 229 So.2d 26, 45 Ala.App. 254 (Ala. App. 1969) |
| Parties | Clarence STALLWORTH v. STATE. |
| Court | Alabama Court of Appeals |
Arthur D. Shores, Birmingham, for appellant.
MacDonald Gallion, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State.
Stallworth was indicted for, and convicted of perjury.The trial judge sentenced him to three years in the penitentiary.
The grand jury handed down the indictment on October 25, 1967.On November 1, Stallworth came up for arraignment, had counsel appointed for him as an indigent and, thereupon, on the same day, plead not guilty.
On May 29, 1968, the indictment was again on the docket of the circuit court, at which time Stallworth appeared with retained counsel who moved the court to quash the venire and also to quash the indictment because of systematic exclusion of members of the negro race from the jury, both grand and petty.
The State moved to strike these motions which the court granted and put the defendant to trial.
On the authority of Gibbs v. State, 44 Ala.App. 15...
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Williams v. State
...procedure in the face of a constitutional claim of systematic exclusion. Gibbs v. State, 44 Ala.App. 15, 200 So.2d 518; Stallworth v. State, 45 Ala.App. 254, 229 So.2d 26; Washington v. State, 46 Ala.App. 539, 245 So.2d Thomas v. State, 277 Ala. 570, 173 So.2d 111, and Lipscromb v. State, 5......
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Commonwealth v. Price
... ... to 'safeguard against the hazards of outside ... contacts' may be unconsciously swayed by such contact ... Schofield v. State, 45 Ala.App. 191, 227 So.2d 822 (1969) ... (St's writ of appeal den'd, 285 Ala. 756, 229 So.2d ... 26 (1969)) ... Although some ... ...
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Washington v. State
...Coleman v. Alabama, 377 U.S. 129, 84 S.Ct. 1152, 12 L.Ed.2d 190; Gibbs v. State, 44 Ala.App. 15, 200 So.2d 518; and Stallworth v. State, 45 Ala.App. 254, 229 So.2d 26, it is obvious that the question of systematic exclusion remains viable until Code 1940, T. 13, § 119 Closes the Unlike the ......
- Burnett v. State