Davis v. State

Supreme Court of Alabama

Davis v. State

88 So. 868, 205 Ala. 673, 1921 Ala. LEXIS 589

CourtSupreme Court of Alabama

DecidedMay 12, 1921

Docket1 Div. 169.

StatusPublished

Cited by4 cases

This text of 88 So. 868 (Davis v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davis v. State, 88 So. 868, 205 Ala. 673, 1921 Ala. LEXIS 589 (Ala. 1921).

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Opinion

MILLER, J.

The defendant was indicted, tried, and convicted of murder in the first degree. 1-Iis punishment was fixed at death.

[1] There are no .assignmenfs of error. This is not necessary in a criminal case. Section 6264, Criminal Code 1907.

We find no briefs in the record. There is no bill of exceptions in the transcript. None of the testimony is before us. We have read carofull., the record.

[2] The court on July 19, 1920, fixed the number of persons to constitute the venire at 100. It directed that these 100 persons be composed of the 37 regular jurors drawn and summoned for the week the case was set for trial and the 63 jurors drawn from the jury .box by the court. This was error. The law requires that the venire be composed of the regular jurors drawn for the week the case is set for trial, and a sufficient number of special jurors to complete the number fixed in the order. Acts 1919, p. 1039, § 32 (approved September 29, 1919).

[3] In the case of Walker v. State, 85 South. 787, 1 a similar order was held to be error, but not reversible, as it .was without prejudice to the defendant. See, also, Edwards v. State, 87 South. 179; 2 Charley v. State, 204 Ala. 687, 87 South. 177; Anderson v. State, 204 Ala. 476, 85 South. 789.

We find no reversible error in the record.

Affirmed.

All the Justices concur, except SAYRE, J., who dissents.

1

204 Ala. 474.

2

Ante, p. 160.

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MILLER, J.

The defendant was indicted, tried, and convicted of murder in the first degree. 1-Iis punishment was fixed at death.

[1] There are no .assignmenfs of error. This is not necessary in a criminal case. Section 6264, Criminal Code 1907.

We find no briefs in the record. There is no bill of exceptions in the transcript. None of the testimony is before us. We have read carofull., the record.

[2] The court on July 19, 1920, fixed the number of persons to constitute the venire at 100. It directed that these 100 persons be composed of the 37 regular jurors drawn and summoned for the week the case was set for trial and the 63 jurors drawn from the jury .box by the court. This was error. The law requires that the venire be composed of the regular jurors drawn for the week the case is set for trial, and a sufficient number of special jurors to complete the number fixed in the order. Acts 1919, p. 1039, § 32 (approved September 29, 1919).

[3] In the case of Walker v. State, 85 South. 787, 1 a similar order was held to be error, but not reversible, as it .was without prejudice to the defendant. See, also, Edwards v. State, 87 South. 179; 2 Charley v. State, 204 Ala. 687, 87 South. 177; Anderson v. State, 204 Ala. 476, 85 South. 789.

We find no reversible error in the record.

Affirmed.

All the Justices concur, except SAYRE, J., who dissents.

1

204 Ala. 474.

2

Ante, p. 160.

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88 So. 868, 205 Ala. 673, 1921 Ala. LEXIS 589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-state-ala-1921.

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