Walker v. State

Decided December 15, 1882

Supreme Court of Alabama · decided 1882-12-15

From the Circuit Court of Wilcox. Tried before the Hon. JohN Moore. The appellants in this case, Lewis Walker and Cato Sellers, were indicted, jointly with several other persons, at the November term of said court, 1875, for arson, in setting fire to the county jail, where they were at the time confined under crimi-inal charges.

Relies on Lockett v. State · Walker v. State

Decided 1882-12-15

STONE, J.

¶1In Allen v. The State, and Schamberger v. The State, at last term, we ruled that the oath administered to the jury was insufficient in a criminal case. We are not inclined to depart from those rulings, which were but re-affirmations of *220the then later utterances of this court. Nor will we enter upon a re-examination of the question. Inattention in this behalf causes many reversals in this court, and it would probably be well for the legislature to remedy the evil. The conviction in the present case must be reversed.

¶2There is nothing in the other points urged.—Lockett v. The State, 63 Ala. 5; Walker v. The State, 61 Ala. 30.

¶3Reversed and remanded. Let the defendants remain in custody, until discharged by due course of law.