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McLemore v. State

McLemore v. State.

McLemore v. State, 36 So. 2d 452 (Ala. Ct. App. 1948)
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Court
Alabama Court of Appeals · State Appellate Courts
Decided
June 29, 1948
Docket
No. 8 Div. 621.
Judges
Bricken
Citations
36 So. 2d 45234 Ala. App. 341948 Ala. App. LEXIS 579

Opinion of the Court — Bricken

BRICKEN, Presiding Judge.

The indictment in this case charged Kenneth McLemore (appellant) with the offense of murder in the first degree, in that, he unlawfully and with malice aforethought killed William Reuben Burch, by cutting or stabbing him with a knife, etc.

From the record it affirmatively appears that the trial court, without the knowledge or consent of the defendant, excused Herbert A. McGregory from serving on the jury. Said juror had been regularly drawn and summoned in this, a capital case, to serve upon the jury, and as has been often decided, the court had no right or authority to excuse jurors so summoned, in the absence of defendant and without his knowledge or consent. The trial court erred to a reversal in this connection resulting in the necessity to reverse the judgment of conviction from which this appeal was taken and remanding the cause to 'the court below. Draper v. State, Ala.Sup., 36 So.2d 73 ; Hall v. State, Ala.Sup., 36 So.2d 74 .

Reversed and remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1993: 11999: 119932026peak 1993 · 1

Relies on it most ⓘ

  1. McWhorter v. State781 So. 2d 257 (Ala. Crim. App. 1999)
  2. Windsor v. State683 So. 2d 1013 (Ala. Crim. App. 1993)

Most recent

  1. McWhorter v. State781 So. 2d 257 (Ala. Crim. App. 1999)
  2. Windsor v. State683 So. 2d 1013 (Ala. Crim. App. 1993)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Draper v. State, 36 So. 2d 73 (Ala. 1948) 10
Hall v. State, 36 So. 2d 74 (Ala. 1948) 5

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