Hall v. State

Supreme Court of Alabama

Hall v. State

36 So. 2d 74, 250 Ala. 681, 1948 Ala. LEXIS 654

CourtSupreme Court of Alabama

DecidedJune 10, 1948

Docket8 Div. 405.

StatusPublished

Cited by7 cases

This text of 36 So. 2d 74 (Hall 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

Hall v. State, 36 So. 2d 74, 250 Ala. 681, 1948 Ala. LEXIS 654 (Ala. 1948).

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Opinion

STAKELY, Justice.

John Thomas Hall was indicted and put on trial for murder in the first degree. He was convicted of murder in the second degree and received a sentence of thirty-five years in the penitentiary.

On the day set for the trial one of the prospective jurors, Hubert A. McGregory, was excused. He talked to the judge in the hall of the court house before court was opened and was excused by the judge at that time for the reason that he was a school teacher actively engaged at the time in teaching school. Neither the defendant nor his attorneys were advised or consulted with reference to excusing Hubert A. McGregory. Due objection was made to the action of the court and exception reserved to the ruling of the court overruling the objection.

*682 On the authority of Draper v. State, Ala. Sup., 36 So.2d 73, 1 this day decided by this court, the foregoing constitutes error which must result in reversal. There is no need to consider other points presented on this appeal.

Reversed and remanded.

GARDNER, C. J., and FOSTER and LAWSON, JJ., concur.

1

Ante, p. 679.

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STAKELY, Justice.

John Thomas Hall was indicted and put on trial for murder in the first degree. He was convicted of murder in the second degree and received a sentence of thirty-five years in the penitentiary.

On the day set for the trial one of the prospective jurors, Hubert A. McGregory, was excused. He talked to the judge in the hall of the court house before court was opened and was excused by the judge at that time for the reason that he was a school teacher actively engaged at the time in teaching school. Neither the defendant nor his attorneys were advised or consulted with reference to excusing Hubert A. McGregory. Due objection was made to the action of the court and exception reserved to the ruling of the court overruling the objection.

*682 On the authority of Draper v. State, Ala. Sup., 36 So.2d 73, 1 this day decided by this court, the foregoing constitutes error which must result in reversal. There is no need to consider other points presented on this appeal.

Reversed and remanded.

GARDNER, C. J., and FOSTER and LAWSON, JJ., concur.

1

Ante, p. 679.

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36 So. 2d 74, 250 Ala. 681, 1948 Ala. LEXIS 654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-state-ala-1948.

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