31 Ala. 371 | Ala. | 1858
— The manner of organizing a jury, for the trial of a person charged with a misdemeanor, is not particularly prescribed by the Code, but is regulated by the general provisions contained in the following sections thereof:
“§ 8474. To dispose of the petit jurors for the transaction of business, the clerk must, on the day on which they are summoned to attend, prepare by lot a list of their names; the first twelve must be sworn, and called the first jury; the next twelve must then be sworn, and called the second j ary; and if there are any more petit jurors in attendance, they maybe placed on a third jury, or put on either of the other juries, as occasion may require ; and the jurors may be transferred from one jury to another, as the convenience of the court or the dispatch of business requires.”
“§ 3475. When, by reason of challenges, or any other cause, it is necessary, the court may cause petit jurors to be summoned from the by-standers, or the county at large, either to supply the deficiency on juries, or to form one or more entire juries, as the occasion requires.”
These provisions distinctly recognize the right of challenge, as secured and regulated by other sections of the Code. But they clearly authorize the circuit court, in the case of a misdemeanor, as well as in every other case
There is no error; and the judgment of the court below is affirmed.