Frazier v. State

Decided February 10, 1914

Alabama Court of Appeals · decided 1914-02-10

Heard before Hon. H. A. Pearce. Man Frazier was convicted of murder in the second degree and he appeals. The record fails to show any order for a special venire to try the defendant charged with a capital felony.— Sec. 32, Acts 1909, p. 315. The provisions of this section are mandatory, and upon a failure of. the record to set out the proper orders, the judgment will be reversed. — Jackson v. tétate, 171 Ala. 38; Welsh v. tétale, 1 Ala. App. 111.

Relies on Jackson v. State · Welch v. State

Reversed and remanded · Decided 1914-02-10

WALKER, P. J.

¶1The indictment in this case was

¶2for murder in the first degree. The record does not show that any attempt was made by the court to comply with the requirements of section 32 of the present jury law (Acts of Ala. Sp. Sess. 1909, pp. 305, 318) applicable to the case of a person indicted for a capital felony. The record shows that the defendant ivas arraigned, that he pleaded not guilty, and was tried, convicted, and sentenced, all on the same day. The provisions referred to are mandatory, and the failure of the record on an appeal from a judgment of conviction in such a case to show a compliance with them requires a reversal of the judgment. — Jackson v. State, 171 Ala. 38, 55 South. 118; Welch v. State, 1 Ala. App. 144, 56 South. 11.

¶3Reversed and remanded.