otherwise provided by law, is in the county in which the offense was commenced. Prosecution for homicide may be maintained here, in the county where the fatal blow was struck, although the death, ensuing within a year and a day, occurred in another state.-Green's case, 68 Ala. 40. 7228. (4971) (3719) (4635) (3944) (396) Offense committed partly in different counties.-When an offense is committed partly in one county and partly in another, or the acts, or effects thereof, constituting, or requisite to the consummation of the offense, occur in two or more counties, the jurisdiction is in either county. Enticing away laborer, where master lives in one county and servant in another.-Prestwood's case, 87 Ala. 147 (6 So. 392). Does not apply to county in which parties agree to live in adultery, when committed in another.-Brown's case, 108 Ala. 18 (18 So. 811). 7229. (4972) (3720) (4636) (3945) (397) Offense committed on or near county boundary.-When an offense is committed on the boundary of two or more counties, or within a quarter of a mile thereof, or when it is committed so near the boundary of two counties as to render it doubtful in which the offense was committed, the jurisdiction is in either county. (Feb. 8, 1877, p. 106.) Are criminal cases subject to the rule of civil cases as to the court first acquiring jurisdiction, where the jurisdiction is concurrent, quere? Taylor v. State, 131 Ala. 36 (31 So. 371); Moore v. State, 71 Ala. 307; Humphrey v. State, 125 Ala. 110 (27 So. 967). Where the act charged is a crime under the law in both counties; and occurs within a quarter of a mile of the boundary line, both counties have jurisdiction and prosecution may be had in either county.-Taylor v. State, 131 Ala. 36 (31 So. 371). If there ever was a doubt about the constitutionality of this statute, it is now settled.-Taylor v. State, 131 Ala. 36 (31 So. 371). Where statutes in adjoining counties as to given offenses differ as to definitions and punishments.— McKay v. State, 110 Ala. 19 (20 So. 455). Confined to offenses common to each of the adjoining counties in all their ingredients and penalties.-McKay's case, 110 Ala. 19 (20 So. 455). Does not limit jurisdiction over navigable streams between counties, conferred by § 128 (1400).-Jackson's case, 90 Ala. 590 (8 So. 862); Dickey's case, 68 Ala. 508. 7230. (4973) (3721) (4637) (3946) (398) Forcible marriage, decoying child, kidnapping, etc.-For the offenses specified in sections 6210 (4301), 6211 (4302), 6212 (4303), and 6213 (4304) of this Code, the jurisdiction is in the county in which the offense was committed, or in any other county into or through which, in the commission of the offense, the person upon whom it was committed may have been carried. 7231. (4974) (3722) (4638) (3947) (399) Bringing stolen property into this state. When property is stolen elsewhere and brought into this state, the jurisdiction is in any county into which the property is brought. 7232. (4975) (3723) (4639) (3948) (400) Carrying stolen property into another county.--When property is stolen in one The Jury Commission; How Constituted and Paid. county and carried into another, the jurisdiction is in either county. Goods stolen in one county and carried into another, defendant may be prosecuted in either county; statute is a mere affirmation of the common-law rule.-Bryant v. State, 116 Ala. 445 (23 So. 40); Smith v. State, 55 Ala. 59; Thomas v. State, 114 Ala. 31 (21 So. 784); Aaron's case, 39 Ala. 684; Whizenant's case, 71 Ala. 383. The statute only an affirmation, not an enlargement of the common law.-Smith's case, 55 Ala. 59; Crow's case, 18 Ala. 545. Hence, statutory offense of stealing from a store or dwelling cannot be prosecuted in county where goods carried, though offense may be there prosecuted as a simple larceny.-Smith's case, 55 Ala. 59; Kidd's case, 83 Ala. 58 (3 So. 442). To authorize conviction in county where goods carried, thief must have had control of property in such county.-Lucas's case, 62 Ala. 26; Whizenant's case, supra. CROSS REFERENCES. JURISDICTION OF PERSONS AND OFFENSES (Criminal Code).7224-7232 CHAPTER 242. JURORS AND JURIES. 7233-7317. ARTICLE 1. THE JURY COMMISSION; HOW CONSTITUTED AND PAID. 72337238. ARTICLE 2. ARTICLE 3. QUALIFICATION, SELECTION AND EXEMPTION OF JURORS. 7239 7247. DRAWING AND SUMMONING JURORS IN GENERAL. 7248-7256. ARTICLE 4. SPECIAL JURIES, AND REGULAR JURIES AT SPECIAL TERMS. ARTICLE 5. ARTICLE 6. ARTICLE 7. 7257-7261. SPECIAL PETIT JURIES IN CAPITAL CASES. 7262-7269. DUTY OF COURT TO ASCERTAIN QUALIFICATIONS BEFORE SWEAR- PETIT JURY AND TALESMEN; ARRANGING; SWEARING AND CHAL- ARTICLE 8. THE GRAND JURY; ITS FORMATION, OATH, POWERS, DUTIES, ARTICLE 9. ARTICLE 10. ARTICLE 11. AND BUSINESS. 7282-7306. PROCEEDINGS AGAINST DEFAULTING JURORS. 7307. DISCLOSING INDICTMENT AND TESTIMONY GIVEN BEFORE GRAND KEEPING TOGETHER AND DISCHARGING THE JURY. 7310-7314. ARTICLE 12. POLLING OF THE JURY. 7315-7317. ARTICLE 1. 7922 THE JURY COMMISSION; How CONSTITUTED AND PAID. 1250- -7238. 7233. (4976) Members of court of county commissioners or board of revenue constituted jury commission.-The county The Jury Commission; How Constituted and Paid. commissioners of each county, or members of the board of revenue in such counties as have such boards, not including the judge of probate, are constituted a board of jury commissioners for the selection and drawing of grand and petit juries. (Aikin's Digest, pp. 295-299; Clay's Digest, pp. 450-460; Feb. 28, 1887, p. 151, §1.) This article is a public law of a general and permanent nature and is not within the saving clause of § 10 (10) of the Code.-Baker v. State, 122 Ala. 1 (26 So. 194). This article is applicable to the counties which were originally excluded from its operation when originally enacted; the codification made it a general law.-Mitchell v. State, 129 Ala. 23 (30 So. 348); Baker v. State, 122 Ala. 1 (26 So. 194). 7234. (4977) Special oath to be taken by commissioners.— Such commissioners shall, in addition to their official oath as members of the court of county commissioners or board of revenue, take an oath faithfully to discharge the duties required of them by law as jury commissioners, to keep secret the counsel of themselves and their associates and not to disclose the name of any juror drawn until the venire shall have been issued for such juror; which oath shall be in writing and subscribed by them respectively as a part of their official oath. (Feb. 28, 1887, p. 151, § 1.) In the absence of proof, it will be presumed that the commissioners took the oath required.-Linnehan v. State, 116 Ala. 471 (22 So. 662). See 7572 (5269). 7235. (4978) Place of meeting; sessions to be secret.-Such commissioners shall hold their meetings at the courthouse or other place provided by law for the sitting of the court of county commissioners or board of revenue; and when sitting for the transaction of business no other person than the commissioners must be present. (Feb. 28, 1887, p. 151, § 2.) 7236. (4979) Quorum.—A majority of such commissioners shall constitute a quorum. (Feb. 28, 1887, p. 151, § 7.) 7237. (4980) President elected at each meeting.-Such commissioners shall, at each meeting, select one of their number president of the board to preside at such meeting, and he shall continue in such office until the next meeting of the board. 7238. (4981) Compensation; how paid.-Each jury commissioner while engaged in the discharge of his duties as such shall receive, as compensation for his services, the same pay as a county commissioner or member of the board of revenue, which shall be paid by the county treasurer on the certified statement of the president of the board showing the amount due such commissioner. (Feb. 28, 1887, p. 151, 8 1.) 45-AC-VOL. III Qualification, Selection and Exemption of Jurors. ARTICLE 2. QUALIFICATION, SELECTION AND EXEMPTION OF JURORS. 7239-7247. SECTION. 7241. Commissioners must not se- 7242. When new lists made and box refilled. SECTION. 7243. Jury box refilled when, illegal or irregular. 7244. Notice to commissioners to assemble. 7245. Persons exempt from jury duty. 7246. Exemptions on account of age made known by affidavit. 7247. Incompetency of jurors to serve more than one week in each year; exceptions. 7239. (4982) List of competent and qualified persons selected from county; certified copy deposited with judge of probate. The commissioners must, as often as may be necessary in order to carry out the purposes of this chapter, select from the male residents of the county, over twenty-one and under sixty years of age, the names of all such persons as are not exempt from jury duty, as in their opinion are fit and competent to discharge the duties of grand and petit jurors with honesty, impartiality, and intelligence, and are esteemed in the community for their integrity, good character, and sound judgment; the commissioners shall prepare a list of names so selected, stating thereon the place of residence and occupation of each person, if known to them, and shall file a certified copy of such list, in a sealed envelope, in the office of the judge of probate within five days after making such selection; and the judge of probate shall keep such list securely and not allow the seal of the envelope to be broken, or such list to be inspected by any one, save the jury commissioners, unless under an order of the judge of the circuit, city, or criminal court of the county. (See Toulmin's Digest, p. 495; Aikin's Digest, p. 296, § 4; Clay's Digest, p. 450, §§ 2-4; Feb. 28, 1887, p. 151, § 3; Feb. 28, 1889, p. 77, § 1.) Until codified. this chapter and article did not apply to the counties expressly exempt from its operation in the original statute, but since its codification it does.-Gilmore v. State, 126 Ala. 20 (28 So. 595). How this chapter applies to criminal cases in city court of Talladega.-Ragland v. State, 125 Ala. 12 (27 So. 983). No provision is made for summoning special venire where jury box is exhausted before entering upon the drawing of the special venire.-Sample v. State, 138 Ala. 259 (36 So. 367). Court no power to fill jury box.-Ib. Immaterial that commission acted under invalid order of court.-West v. State, 118 Ala. 100 (24 So. 48). Signing list as county commissioners and not as jury commissioners does not vitiate return.-Linnehan v. State, 116 Ala. 471 (22 So. 662). Jury box must be exhausted before commissioners have any power or authority to fill another box.-Steele v. State, 111 Ala. 32 (20 So. 648). The Qualification, Selection and Exemption of Jurors. policy of the law is that grand and petit jurors should be a selected class, not an indifferently summoned number from the whole body of electors; this discretion the statute confides to the officers of the county to be exercised according to their opinion or judgment.-Green v. State, 73 Ala. 26. Our statutes on the organization of grand juries do not violate the fourteenth amendment to the federal constitution as a discrimination against negroes; if they are denied a right or a privilege, it is done by the officers in executing the law and not by the law itself.-Green v. State, 73 Ala. 26. What a mere immaterial irregularity.-Cross's case, 63 Ala. 40. A man must be a citizen, not a foreigner or alien.-Judson v. Eslava, Minor, 2;' Primrose's case, 3 Ala. 546; Boyington's case, 2 Port, 100. Citizen must not be left off jury because of race or color.-Green's case, 73 Ala. 26. 7240. (4983) Name, residence, and occupation written on separate slips, folded and put in a box.-When such list is completed the commissioners must write the name of each person therein contained, with his place of residence and occupation, if shown by the list, on a separate piece of paper, and must fold or roll up such pieces of paper as near as may be in the same manner, so that the name may not be visible, and deposit the same in a box, which must be secured by sufficient lock and seal. (Feb. 28, 1887, p. 151, § 4.) 7241. (4984) Commissioners must not select persons exempt or incompetent.-The commissioners must, as far as possible, guard against selecting any person exempt by law from jury duty, or who is incompetent, or who is an habitual drunkard, or who is afflicted with a permanent disease, or who, from any other cause, is not a fit and proper person to serve as a juror. (Feb. 28, 1887, p. 151, § 16.) 7242. (4985) When new lists made and box refilled.-Whenever the names in the box are exhausted or so far depleted that they will probably be exhausted at the next drawing of jurors, the commissioners must proceed to make and certify a new list and deposit the names in the box, in all respects as provided in this article; and if at any time when the commissioners meet to draw juries the names in the box shall be exhausted, they may suspend the drawing and provide the necessary list of names and place the same in the box and proceed to complete the drawing. (Feb. 28, 1887, p. 151, § 12.) Jury box must be exhausted before commissioners have any power or authority to fill another box.-Steele v. State, 111 Ala. 32 (20 So. 648). 7243. Jury box refilled when illegal or irregular.-When- Feb. 9. ever in the opinion of the presiding judge of the circuit, city, 1897, p. or criminal court in any county the jury of such county has for any reason become illegal or irregular, he may enter an 693. § 1. |