1 Stew. 195 | Ala. | 1827
delivered the opinion of the Court.
As to the reasons in arrest of judgement, the record shews who was the presiding Judge at the term when the order for change of venue was made, and on the day before the order was made, and that the prisoner submitted to the decision of the Court as organized. The statute
As to the other points in the case, in order to avoid perplexing delay, and to afford promptly to the accused the full benefit of the law, it becomes necessary to assume from the statement of the presiding Judge, and ihe. admissions of the counsel, some facts which we are satisfied must have occurred, and are probably stated on the record below, although not stated on the transcript filed here. On the day appointed for the trial of the prisoner in Washington Circuit Court, it was found impracticable to procure the requisite number of competent jurors, and the necessity for a continuance on the part of the State for this cause, became apparent. In order to avoid the delay which this would have occasioned, the prisoner by his counsel, moved for the change of venue, and for this reason it was granted. To the next term of Clarke Circuit Court it was nearly six months. It is only by noticing these facts that the delay of trial in Washington can be attributed to the State, and the term at which the trial was had in Clarke be considered as the second term after the imprisonment of the accused. But one week was allowed by law, for the term of Clarke Circuit Court. The Court considered that the'prisoner being served with a list of the jury, on Thursday, the fourth day of the term at 10 o’clock, A. M. might lawfully be put upon his trial, at 10 o’clock, A. M. on the Saturday next following, this interval constituting two entire days.
In computing these two days, is either the day of delivering the list or the day of trial to be reckoned ?
By the English statute, it is required that a copy of the pannel of the jurors shall be delivered to the prisoner 44 two days at least before his trial” The settled construction of this statute is, that the two days must be exclusive of the day of delivery and the day of trial.
By the statute of 1807,
It is the unanimous opinion of this Court, that the judgement of the Circuit Court must be reversed and the prisoner discharged.
jXaws Ala. 166.
°2fostiKaSrc i 3l2- sHmú;
4 l¡™¡ Ala. 214.
Laws Ala. 662.
6 Ante p, 31.
,. C Acts of 1826, p, 49.
a const. Ar.i. 9Í6''S Ala- 915’