99 So. 830 | Ala. Ct. App. | 1924
Motion was made for a new trial on the ground that Jesse Comer was drawn and summoned as a juror to serve during the week of the court, that when called Jesse Carver answered and was qualified as a juror for the week. When defendant's case was called and the lists were prepared and handed to defendant for the purpose of selecting a jury to try the case, one of the names was Jesse Comer, and, this name remaining as one of the 12, when called, Jesse Carver answered and served as a juror trying defendant; the defendant being ignorant of the substitution. These facts being established, it is admitted by the Attorney General to be error, but it is contended that such error is without injury. This court and the Supreme Court have, by their decisions, consistently given a liberal construction to the statutes under which juries are selected. Walker v. State,
The judgment is reversed, and the cause is remanded.
Reversed and remanded.
The rehearing is granted, the judgement reversing the judgment of the lower court is set aside, and the judgment is affirmed.