Washington v. State, 563

CourtSupreme Court of Alabama
Writing for the CourtSAYRE, J.
Citation66 So. 34,188 Ala. 101
Docket Number563
Decision Date30 June 1914
PartiesWASHINGTON v. STATE.

66 So. 34

188 Ala. 101

WASHINGTON
v.
STATE.

No. 563

Supreme Court of Alabama

June 30, 1914


Rehearing Denied July 25, 1914

Appeal from Circuit Court, Greene County; Bernard Harwood, Judge.

Eugene Washington was convicted of robbery, and he appeals. Affirmed.

The transcript shows that the case of the state of Alabama against Eugene Washington was tried at a regular term of the circuit court of Greene county, begun and held on September 22, 1913, it being the time and place fixed by law for holding such court. Following this are the affidavits and warrants, and the judgment on the preliminary trial, and the indictment found and returned into court March 27, 1913. Then follows the special waiver and the judgment of the court, and then the bill of exceptions.

Wright & Fite, of Tuscaloosa, for appellant.

R.C. Brickell, Atty. Gen., and T.H. Seay, Asst. Atty. Gen., for the State.

SAYRE, J.

The rules adopted by this court June 23, 1913, dispose of defendant's objections that the transcript fails to show the organization of the court at the trial term and the organization of the grand jury by which the indictment was found, no question as to the power of the court to try this case at the term or time having been raised, nor any as to the lawful organization of the grand jury. Supreme Court rules, 175 Ala. xviii, 57 South. vi, 61 South. vii. And if the record were defective in this respect the result would be that defendant's appeal would be dismissed.

Defendant filed a paper writing, whereby he waived "the summoning and impaneling of a special jury" to try his case, and also the service of a copy of the indictment upon him. We will not be expected to devote much argument to a demonstration of the proposition that the waiver of a special venire was a waiver of the right to a venire and of the service of a copy of a venire which was not called into existence by an order of the court, for the reason that the thing itself had been duly waived as the statute provided it might be.

There is no reason, constitutional or other, why a defendant in a capital case may not waive a special venire. Section 7264 of the Code of 1907 so provides. The act of August 31, 1909, entitled "An act 'to prescribe the qualifications of jurors and regulate the selection, drawing and summoning of jurors, and prescribe the qualifications and provide for the appointment of jury commissioners and clerks of such commissions and regulate the impaneling of grand and petit juries, in all the courts of this state' " (Acts, Sp.Sess., 305, et seq.) and providing that "all laws, general, special or local, regulating the...

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5 practice notes
  • Patterson v. State, 4 Div. 733
    • United States
    • Supreme Court of Alabama
    • May 16, 1918
    ...in writing to be tried by the jurors in attendance upon the court." McSwean v. State, 175 Ala. 21, 57 So. 732; Washington v. State, 188 Ala. 101, 66 So. 34; Burton v. State, 194 Ala. 2, 69 So. 913; Harper v. State, 13 Ala.App. 47, 69 So. 302. It has been declared that threats against a......
  • Wilburn v. State, 7 Div. 46
    • United States
    • Alabama Court of Criminal Appeals
    • February 24, 1989
    ...indictment. Initially, we note that, since this issue was not raised at trial, it has not been preserved for review. Washington v. State, 188 Ala. 101, 66 So. 34, 36 (1914); Harris v. State, 420 So.2d 812, 816 Moreover, even had objection been made, the evidence of the subsequent abuse was ......
  • White v. State, 6 Div. 904.
    • United States
    • Supreme Court of Alabama
    • May 31, 1923
    ...was no special venire. Patterson v. State, 202 Ala. 65, 66, 79 So. 459; Burton v. State, 194 Ala. 2, 69 So. 913; Washington v. State, 188 Ala. 101, 66 So. 34; McSwean v. State, 175 Ala. 21, 57 So. 732. The defendant also waived the service of a copy of the indictment. Section 6 of the Const......
  • Robinson v. State, 7 Div. 149
    • United States
    • Supreme Court of Alabama
    • March 13, 1952
    ...to waive a special venire. White v. State, 209 Ala. 546, 96 So. 709; Patterson v. State, 202 Ala. 65, 79 So. 459; Washington v. State, 188 Ala. 101, 66 So. The appeal in this case is not governed by the provisions of the automatic appeal statute, since the death sentence was Page 510 not im......
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5 cases
  • Patterson v. State, 4 Div. 733
    • United States
    • Supreme Court of Alabama
    • May 16, 1918
    ...in writing to be tried by the jurors in attendance upon the court." McSwean v. State, 175 Ala. 21, 57 So. 732; Washington v. State, 188 Ala. 101, 66 So. 34; Burton v. State, 194 Ala. 2, 69 So. 913; Harper v. State, 13 Ala.App. 47, 69 So. 302. It has been declared that threats against a......
  • Wilburn v. State, 7 Div. 46
    • United States
    • Alabama Court of Criminal Appeals
    • February 24, 1989
    ...indictment. Initially, we note that, since this issue was not raised at trial, it has not been preserved for review. Washington v. State, 188 Ala. 101, 66 So. 34, 36 (1914); Harris v. State, 420 So.2d 812, 816 Moreover, even had objection been made, the evidence of the subsequent abuse was ......
  • White v. State, 6 Div. 904.
    • United States
    • Supreme Court of Alabama
    • May 31, 1923
    ...was no special venire. Patterson v. State, 202 Ala. 65, 66, 79 So. 459; Burton v. State, 194 Ala. 2, 69 So. 913; Washington v. State, 188 Ala. 101, 66 So. 34; McSwean v. State, 175 Ala. 21, 57 So. 732. The defendant also waived the service of a copy of the indictment. Section 6 of the Const......
  • Robinson v. State, 7 Div. 149
    • United States
    • Supreme Court of Alabama
    • March 13, 1952
    ...to waive a special venire. White v. State, 209 Ala. 546, 96 So. 709; Patterson v. State, 202 Ala. 65, 79 So. 459; Washington v. State, 188 Ala. 101, 66 So. The appeal in this case is not governed by the provisions of the automatic appeal statute, since the death sentence was Page 510 not im......
  • Request a trial to view additional results

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