71 So. 79 | Ala. Ct. App. | 1916
The order fixing the day for defendant’s trial was made on January SO, 1915, and fixed the 8th day of February, the first day of the sixth week of the January term of the court, as the day for trial. On the same day, the court entered an order fixing the number of jurors constituting the venire for defendant’s trial at 97, to be comprised of 37 jurors drawn and summoned for the sixth week of the term, and the 60 special jurors then drawn and ordered to be summoned. The return of the sheriff shows that a copy of the venire as thus constituted, together with a copy of the indictment, was served on the defendant in person on the 3d day of February, 1915, which was five days prior to the day set for the trial. Motion was made to quash the venire on the ground that it does not appear from the record of the court that the court “on the first day of the term, or as soon as practicable thereafter,” made an order commanding the sheriff to summon not less than 50 nor more than 100 persons as jurors for the defendant’s trial; that 100 persons’ names have been drawn for the week, and only 97 of these names appear on the list served on the defendant; that the return of the sheriff on the regular venire for the week was premature and shows on its face a lack of diligence on the part of the sheriff in serving the regular jurors; that the record shows that the venire was not served “forthwith,” as required by the statute.
There is no error in the record, and the judgment is affirmed.
Affirmed.