The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1921-02-13
BR|CKELL MAKES
IMPORTANT RULING
IN REEVES CASE
Judge Fort Upheld in Denying
Motion to Quash Venire-De-
PENDANT Is Given Fair and
Impartial Trial

In an opinion handed down by the
court of appeals affirming the case Of
Clarence Reeves convicted OF ROBBERY
before Judge William E. Fort in the Grim
inal division of the circuit court and SEN
fenced to 10 years in the penitentiary
1t ruled that the lower court was right
in denying the motion of the defendant S
attorney to quash the venire for the
week and the venire for the trial of rhis
case.
The opinion set out that no objection
can be taken to any Ven-Ie "a mons eN-
cept for fraud in drawing or summon
ing the jurors In referring to- the rul-
ing of the court, the opinion states
Upon the nier4es we are ,iv4.fty .. tie
opinion that the rulings of the court
upon the venire were free from error
and we think the utterances of the court
in making these rulings are in point ana
his reasons are well stated, as shown
in the record.
LAS stated by the lower court and
many times SO decided by the supreme
court and this court, under the present
statute no objection TO an indictment on
any grounds going to the formation OF
the grand jury which found the same
can De taken TO eits n,u4~lnleit, eA~cpt
by plea in abatement to the Indictment.
which plea mus oe Dascu soie,y upon
TIC EIOGIu that lllt i5Idnu Jurors VINO
found and returned into open court the
indictment we're not drawn by the off,
GERS designated by law to draw same.
Acts NV, page 3Jo, section 10 and Sec
ton 20 OF said act expressly provides
that no objection can be taken to any
venire of jurors except for fraud IN
drawing or summoning the jurors These
questions were not presented, and the
irregularities relative to the jury boxes,
~ i,
this manner, but only by direct pro-
ceedng in the nature of mandamus, or
by Impeachment proceedings against the
jury commission or by some other pro-
cedure not here presented.
1T would be difficult to conceive OF
a fairer or more impartial trial than was
accorded this defendant as shown by the
record in the case. He was represented
by able counsel appointed by the court
to defend him.
1.-THE court, through abundance of eau
ton, declined to permit the state to in
troduce in evidence an alleged full con-
fession by the defendant OF the offense
charged, notwithstanding the extensive
and exhaustive predicate which was laid
for this purpose by the state, and which,
under the weil-settled rule, was, in the
opinion of tins court, amply sufficient
for the introduction of the alleged con-
| ltSSipil liletut W lAC oohSieci Ny 'toio ~
pellant and taken down in shorthand by
the official court reporter and tran
scribed by him. The oral charge of tho
court was able thorough and extremely
fair and without error Of any char
acter"
According to the testimony introduced
by the state, Reeves committed bold
and daring robbery, the opinion recites.
He is alleged to have robbed Il. II.
Moore, who lives at Edgewood, about
four miles from Birmingham.
The principal insstence of error en-
this appeal to the court of appeals, 1t
is stated, was on the action of the court
in refusing to quash the venire. 1t is
pointed out that this is the first ruling
on this question to arise in the jefferson
county circuit court and will be read
with interest.