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1 Ala. App. 67

Russell v. State

Alabama Court of Appeals

Decided June 6, 1911

Alabama Court of Appeals · decided 1911-06-06

Heard before Hon. D. W. Speake. Lula Bussell ivas convicted of murder in the second degree and she appeals. The court should have sustained the motion to quash the venire. — Jaehson v. The State, 55 S'o. 118, and cases cited. Counsel discuss other assignments of error, with citation of authority, hut it is not deemed necessary to here set them out.

Cited by 1 later decisions — most recently January 1912

1 state decisions

Relies on Christian v. State

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1911-06-06

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WALKER, P. J.

¶1Following the ruling recently made in the case of Elijah Jackson v. State, 171 Ala. 55 South. 188, it must be held that the trial court erred in overruling the objections made by the defendant to the venirp of jurors for the trial of the case, as the 10 names specially drawn by the court, together with the 38 drawn and summoned on the regular juries for the week set for the trial, made the venire of jurors for the trial of this case consist of only 48 persons, while the statute (section 32, Jury Law [Acts Sp. Sess. 1909, pp. *68305, 319]) require that such venire shall consist of not less than 50 nor more than 100 persons. This error requires a reversal of the judgment.

¶2Reversed and remanded.

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