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156 Ala. 20

Hunter v. State

Supreme Court of Alabama

Decided June 11, 1908

Supreme Court of Alabama · decided 1908-06-11

Heard before Hon. W. H. Thomas. Wade Hampton Hunter was convicted of murder in the second degree, and appeals. Before going to trial, and before announcing ready for trial, defendant filed a motion to quash the venire, and also filed objections to being put on trial. The motion to quash and the objections to going to trial are based upon the following agreed statement of facts.

Cited by 2 later decisions — most recently October 1976

2 state decisions

Relies on Scales v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1908-06-11

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ANDEBSON, J.

¶1The trial court did not err in refusing to quash the venire or in putting the defendant on trial upon same. The second copy served on the defendant was in time, and contained a list of the jurors drawn and summoned as provided by law.

¶2There was no error in the oral charge of the court excepted to, as the state had the right to show murder, whether under section 7084 or section 7086 of the Code of 1907. The defendant was indicted for murder in the first , degree, and a conviction could be properly had thereunder for any lower degree of the offense, notwithstanding a separate form may be prescribed under section 7086, Code 1907. — Scales v. State, 96 Ala. 75, 11 South. 121.

¶3The trial court committed no reversible error in ruling upon the evidence, or in refusing the general charge requested by the defendant.

¶4The judgment of the city court is affirmed.

Tyson, C. J., and Simpson and Denson, JJ., concur.
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