40 So. 977 | Ala. | 1906
The copy of the venire served on the defendant contained the name of A. T. Rodes, while the original contained the name of A. T. Rhodes. On this account the defendant moved to quash the venire, which motion was properly overruled. As spelled, the names are idem sonans. It was an instance of incorrect spelling of a name. A mistake in the name of a person summoned as a juror for the trial of a capital case, is not sufficient cause to quash the venire. Code 3896, § 5007-,
While drawing the special venire, the name of T. H. Jones was drawn from "the jury box, and was, by the direction of the court, set aside, and not placed on the special venire, which was done without objection by defendant. The court was informed by the solicitor, and the statement was shown to be correct, that T. H. Jones
When the jurors’ names were being draAvn from the hat, the name of J. N. Oliapau Avas drawn, and it was called J. N. Chapman. It aatis shown that J. N. Chapman, farmer, beat 18, AAras the person that had been draAvn and summoned; that no one by the name of J. N. Chapan had been draAvn and summoned, nor did any person by that name reside in beat 18, and that the deputy clerk in copying the names of the jurors on slips to be placed in the hat, for drawing, by a clerical error made the name of J. N. Chapan on one of the slips for J. N. Chapman. When the name of J. N. Chapman was called by the sheriff, he was peremptorily challenged by the state, and Avas not put on the defendant. For this mistake in AA’riting the name of the juror, the defendant moved to quash the venire, no such name as J. N. Chapan being on the list served on him. The name of J. N. Chapman Avas shown to be on the list AAdiich was served by the sheriff on defendant on his trial. No error here appears. Hubbard v. State, 72 Ala. 164. MoreoArer, the motion came after the jury was drawn and sworn.
The defendant was arraigned, and pleaded not guilty to the indictment. A day was set for his trial, and a jury was duly and legally drawn and summoned for his trial.
On the day set for trial, after the several motions to quash the venire were overruled, and the court instructed counsel to proceed with the trial, the attorneys for defendant stated that defendant wished to. plead guilty and desired to make a statment to the court and jury of the facts in the case. He made no motion 'to withdraw bis plea of-not guilty, previously pleaded, nor did he propose to plead guilty, except in connection with his expressed desire to make a statement to the court and jury of the facts of.the case. The court refused to allow the defendant to plead guilty for the reason as stated, that defendant had already pleaded not guilty, upon his arraignment, when a day was set for his trial and a special venire drawn for his case, and because of the gravity of the offense to which he proposed to plead guilty. If defendant had pleaded guilty on arraignment, as provided by statute, no .special venire would have been drawn. Acts 1898-99, p. 244.
It was clearly within the discretion of the court not to allow defendant to plead guilty, at that stage of the trial, and under the particular circumstances named, and it committed no reversible error in so doing.
Affirmed.