Howard v. The State

Howard v. The State. Murder. (Decided May 20, 1909. 49 South. 755.) Jury; Special Venire; Necessity of Record to Show.- — Where the record fails to show that one charged with a capital felony was tried by a special venire, or that such venire was drawn as' required by section 7263, Code 1907, a judgment of conviction cannot be supported. Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Prom a conviction for murder Jim Howard appeals. Reversed and remanded. Leith & Gunn, for appellant. The record fails to show that the defendant was given a special venire.- — ■ Burton v. iState, 115 Ala. 1. Alexander M. Garber, Attorney General, for the State. [MAJORITY — ANDERSON, J.] ANDERSON, J. The defendant was indicted for a capital felony, and was arraigned upon same; but the record fails to show that he was tried by a special venire, or that such a venire was drawn as required by section 7263 of the Code of 1907. The failure of the record to disclose a compliance with this statute necessitates a reversal of this case. — Burton v. State, 115 Ala. 1, 22 South. 585. The judgment of the county is reversed, and the cause is remanded. Reversed and remanded. Dowdell, C. J., and McClellan and Sayre, JJ., concur.