Sullivan v. State
Decision Date | 18 December 1928 |
Docket Number | 1 Div. 815 |
Parties | SULLIVAN v. STATE. |
Court | Alabama Court of Appeals |
Appeal from Circuit Court, Washington County; T.J. Bedsole, Judge.
Robert Sullivan was convicted of murder in the second degree, and he appeals. Affirmed.
Granade & Granade, of Chatom, for appellant.
Charlie C. McCall, Atty. Gen., for the State.
Before the trial was entered into it was ascertained that two of the jurors appearing on the venire had been members of a jury which had tried this case at a former term of the court, both of whom stated to the court that, by reason of having served on such former jury, they held a fixed opinion that would influence their verdict. These jurors were properly excused by the court. Biggs v. State, 20 Ala.App. 449, 103 So. 706.
There appears in the bill of exceptions the following:
The foregoing statement clearly discloses that the defendant had every right necessary to insure him a fair and an impartial jury to try his case. While it may be conceded that the court committed technical error in overruling the motion to quash the venire on the ground of a duplication of the name of Henry M. Jordan, it does not appear that the substantial rights of defendant were affected to his prejudice. The various statutes designed for the protection of defendants in the selection of juries contemplate the reduction of the number of jurors drawn and summoned under the order of the court. So, when it comes to the organization of the petit jury to try a capital case under section 8644 of the Code, if the order of the court is regular and conforms to the mandatory requirements of the statute, and if the number of veniremen has not been reduced below 30 as provided by section 8646 of the Code of 1923, and it further appears to the satisfaction of this court that no injury resulted to the defenadnt from the...
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