State v. Miller

• Decision Date: 13 May 1920
• Docket Number: 7 Div. 77
• Citation: 204 Ala. 234,85 So. 700
• Parties: STATE ex rel. DENSON et al. v. MILLER, President of Jury Commission of Shelby County.
• Court: Alabama Supreme Court

85 So. 700

204 Ala. 234

STATE ex rel. DENSON et al. v. MILLER, President of Jury Commission of Shelby County.

7 Div. 77

Supreme Court of Alabama

May 13, 1920

Appeal from Circuit Court, Shelby County; E.J. Garrison, Judge.

Petition of the State of Alabama, on the relation of W.A. Denson and others, for alternative writ of mandamus directed to Frank Miller, as president of the jury commission of Shelby county commanding him to bring into court the jury roll of the county and to keep it so that it may be open to the inspection of petitioners and other persons interested, in order that they may inspect it at seasonable times and places and gain information in reference to the status of the jury system of the county, or to show cause why he should not be compelled to do so. From decree sustaining demurrers to the petition, relators appeal. Affirmed.

See also, 85 So. 698.

W.A Denson, of Birmingham, and Riddle & Ellis, of Columbiana, for appellants.

Leeper Haynes & Wallace, of Columbiana, and Percy, Benners & Burr, of Birmingham, for appellee.

SOMERVILLE J.

As a preliminary to the filling of jury boxes under the Jury Law of 1909 (Acts 1909, p. 305), section 10 of the law requires that the jury commission "shall make in a well-bound book a roll of every male citizen living in the county, who possesses the qualifications herein prescribed." The names on this roll are required to be written separately on white cards, which are placed in a metal jury box, provided with a lock and two keys, one kept by the president of the commission and the other by a judge of a court of record having juries. The box must be kept in the vault or safe of the probate judge, or, if he has none, in any other safe or vault in the courthouse.

No provision is made for the custody or safe-keeping of the jury roll, and there is nothing in the act itself which either permits or forbids the inspection of the roll by the general public, or by persons who are interested in litigation, present or prospective, which may be the subject of jury trial.

Under the former Jury Law (Code 1907, § 7239), the commission was required to prepare a list of the names of persons selected for jury service, and to file a certified copy of this list, in a sealed envelope, in the office of the probate judge, and that officer was required to "keep such list securely and not allow the seal of the envelope to be broken, or such list to be inspected by any one, save the jury commissioners, unless under an order of the judge of the circuit, city, or criminal court of the county."

Though this statute has been repealed by the act of 1909, it is useful to show the legislative policy then existent of preserving inviolate the secrecy of the jury roll by forbidding its examination, in copy, by any person other than a...