Reports of Cases Argued and Determined in the Supreme Court of Alabama (Volume 116) (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1898. Excerpt: ... CRIMINAL LAW--Continued. made summoning a special venire, and such presence must be affirmatively shown by the record on appeal; but the law does not require that the defendant be personally present when the special venire is drawn from the jury box, and his absence at such time furnishes no ground for the arrest of a judgment of conviction. Hurd r. State. 440; Stoballv. State. 454. 71. Drawing of special renive in capital case: presence of defendant not necessary.--In a capital ease it is not necessary that the record should affirmatively show the drawing of the special venire for the trial of the case; and, therefore, it is not essential that the record should affirmatively show that the defendant was per- sonally present when the special venire was drawn from the jury box; and likewise, it is not necessary that the record should affirmatively show that the drawing required by law was had by the judge, since the act of drawing the jurors is a ministerial rather than a judicial act. Frazierv. Statt, 442. 72. Same' how question should be presented.--The question of the ne- cessity of the record showing affirmatively that the defendant in a capital case was personally present in court when the venire was drawn, should be raised by exception reserved and pre- sented by bill of exception, and not by motion in arrest of judgment. Ib. 442. 73. Drawing of special renive in capital case; presence of defendant not necessary.--In a prosecution for a capital offense, it is not nec- essary that the record should affirmatively show that the de- fendant was personally present in court when the venire for the case was drawn. Jones v. State, 468. 74. Examination of a witness; discretion of trial court.--It is within the discretion of a trial court to determine whether or not the examination of n ...