McLemore v. State

Alabama Court of Appeals

McLemore v. State

36 So. 2d 452, 34 Ala. App. 34, 1948 Ala. App. LEXIS 579

CourtAlabama Court of Appeals

DecidedJune 29, 1948

Docket8 Div. 621.

StatusPublished

Cited by3 cases

This text of 36 So. 2d 452 (McLemore v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McLemore v. State, 36 So. 2d 452, 34 Ala. App. 34, 1948 Ala. App. LEXIS 579 (Ala. Ct. App. 1948).

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Opinion

BRICKEN, Presiding Judge.

The indictment in this case charged Kenneth McLemore (appellant) with the offense of murder in the first degree, in that, he unlawfully and with malice aforethought killed William Reuben Burch, by cutting or stabbing him with a knife, etc.

From the record it affirmatively appears that the trial court, without the knowledge or consent of the defendant, excused Herbert A. McGregory from serving on the jury. Said juror had been regularly drawn and summoned in this, a capital case, to serve upon the jury, and as has been often decided, the court had no right or authority to excuse jurors so summoned, in the absence of defendant and without his knowledge or consent. The trial court erred to a reversal in this connection resulting in the necessity to reverse the judgment of conviction from which this appeal was taken and remanding the cause to 'the court below. Draper v. State, Ala.Sup., 36 So.2d 73; Hall v. State, Ala.Sup., 36 So.2d 74.

Reversed and remanded.

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BRICKEN, Presiding Judge.

The indictment in this case charged Kenneth McLemore (appellant) with the offense of murder in the first degree, in that, he unlawfully and with malice aforethought killed William Reuben Burch, by cutting or stabbing him with a knife, etc.

From the record it affirmatively appears that the trial court, without the knowledge or consent of the defendant, excused Herbert A. McGregory from serving on the jury. Said juror had been regularly drawn and summoned in this, a capital case, to serve upon the jury, and as has been often decided, the court had no right or authority to excuse jurors so summoned, in the absence of defendant and without his knowledge or consent. The trial court erred to a reversal in this connection resulting in the necessity to reverse the judgment of conviction from which this appeal was taken and remanding the cause to 'the court below. Draper v. State, Ala.Sup., 36 So.2d 73; Hall v. State, Ala.Sup., 36 So.2d 74.

Reversed and remanded.

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Bluebook (online)

36 So. 2d 452, 34 Ala. App. 34, 1948 Ala. App. LEXIS 579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclemore-v-state-alactapp-1948.

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