59 So. 688 | Ala. Ct. App. | 1912
The defendant Avas convicted for a violation of the prohibition laAVS. Motion Avas made, before entering on the trial, to quash the jury panel on various grounds, alleging irregularity in relation to the action of the jury commissioners in selecting the
The facts set out in the motion to quash the jury panel were not sufficient to show a fraud in the selection of the jurors. In effect, it showed that two of the jury commissioners disagreed with the third commissioner as to' placing in the jury box certain persons suggested by him. The jury commission is given a discretion, in passing on the qualifications of suitable persons, in the selection of the names to be placed in the jury box (Jury Law [Acts 1909, p. 309] § 11), and any two of the commission constitute a quorum, and their action is binding as an act of the commission (Jury Law, § 3). The provisions of the statute in relation to the selection of names to be placed in the box is not mandatory, but directory merely. — Jury Law, § 29. The court is required to qualify all of the jurors before impaneling them (Jury Law, § 18) ; and the defendant had the right to have the jury purged of all disqualified jurors, and to secure a jury without bias or prejudice, before proceeding to strike the jury. — Morris v. McClellan, 169 Ala. 90, 53 South. 155; Steed v. Knowles, 97 Ala. 573, 12 South. 75; Davis v. Hunter, 7 Ala. 135. These cases have reference to a struck jury, demanded by one of the parties. The same rule would prevail when a struck jury is provided by statute.— Jury Law, § 32.
On the trial of the case, the court allowed the state, over timely objection made by the defendant, to put in evidence a paper, certified by the collector of United States internal revenue for the district of .Alabama as being a copy of the stub of a certain internal revenue li
There was no error in allowing the certificate authenticating the copy of the record to go to the jury. It was a certificate by the proper custodian of the record of the facts within the range of the officer’s official cognizance, and related only to the matters contained in or shown by the record or paper authenticated, and stated that the copy certified contained a complete record of everything on file, and amounted to no more than a proper official verification of the record, and was admissible in connection with the record or copy authenticated. Unless accompanied by the proper certificate, the copy of the record would have no probative force; the copy was only admissible “when certified by the proper custodian thereof” (section 3983), and the certificate was made admissible under the statute.
The language used in the charge of the court, given at the instance of the state, seems to be somewhat confused as set out in the record. It is properly predicated on the payment of a retail license being prima facie evidence of the sale of the prohibited beverage (Acts 1909, p. 84, § 22½), and does not constitute error.
The court properly permitted the witness McCulloch to testify to the fact that the beverage found had a color
The following charge, requested by the defendant: “The court charges the jury that the keeping of liquors or beverages that are prohibited by the laws of this state to be manufactured, sold, or otherwise disposed of in any building not used exclusively for dwelling does not constitute prima facie evidence that such liquors or beverages are kept for sale, or with intent to sell the same contrary to the law of this state” — is in direct contravention of the prohibition law. — Fuller Bill (Acs Sp. Sess. 1909, p. 64) § 4. Appellant’s counsel argue in a supplemental brief filed by them that this section of the Fuller Bill is unconstitutional and void, because of being violative of section 1 of the fourteenth amendment of the Constitution of the United States, and of section 6 of the Constitution of the State of Alabama. Under the statute requiring this court to follow and conform its ruling to the opinions of the Supreme Court, the question of the constitutionality of this section of the act in question is not open for considertaion or discussion by this court after what has been said by the Supreme Court in the case of Toole v. State, 170 Ala. 41, 54 South. 195.
We have discussed all the errors insisted on in an able brief filed by counsel for appellant, and have examined the other questions raised by the record, and find no reversible error.
Affirmed.