Ex parte McCoy

Decided December 15, 1879

Supreme Court of Alabama · decided 1879-12-15

This was an application, by petition, at the suit of W. J. B. W. McCoy, for a writ of mandamus, or other appropriate-writ, directed to the Hon. John P. Hubbard, presiding in the-Circuit Court of Butler, commanding and requiring bim to quash the venire of grand jurors summoned for the November term, 1880, of said court, for the causes particularly set-forth and specified in the petitioner’s motion for that purpose, as made in said court and overruled.

Relies on Cross v. State · State v. Brooks · Dotson v. State

Decided 1879-12-15

STONE, J.

¶1Each and every of the duties, the non-observance of which is urged as a ground for quashing and setting aside the venire for the grand jury, is declared by the statute to be directory, and furnishes, of itself, no predicate for the relief prayed for in this case. — Code of 1876, §§ 4759, 4889, 4890; Boulo v. The State, 51 Ala. 18; Dotson v. The State, 62 Ala. 141; Cross v. The State, 63 Ala. 40. We need not,.and do not, inquire what would be the duty of the presiding judge, if corruption, fraud, or partiality in the drawing of the jury, were charged. Nothing of the kind is charged in this case. — Brooks’ case, 9 Ala. 9.

¶2The writ of mandamus is refused.