Bagby, use, v. Harris,.. ..173 770 Brassfield, et al. and Pierce,..... .573 Bagby, Gov. and Chandler & Chan- Brazeal's Adm'r v. Brazeal's Distri- Bank Br. at Mobile v. Boykin,.......320 Brazcal's Distributees and Brazeal's Bank at Decatur v. Douglass,.. .853 Brooks and The State,..... Bank P. & M. v. King, Upson & Co. 279 Brownrigg and Roberts, Bank Br. at Mobile v. James et al. .949; Bunnell v. Magee, Bank at Decatur v. Johnson,...... .622 Burt and Mitchell,.. Bank P. & M. and Bank of Mobile, 645; Burt v. Parish & Co. Bank of Mobile v. P. & M. Bank,...645 Bank of State v. Johnson & Jefffries,367 ..335 ..... .58 .866 ...... .504 .211 .345 Bank B'r at Mobile and Stinnett & Byrd v. Odem,..... Townsend, Cunningham and wife v. Poole,......615 Darrington and Hall, Weeks & Co. 502 ..858 Davis & Robinson and the Gov'nor 917 Harrison v. Harrison et al.. .........470 ..470 ...73 695 .734 128 Harwood's Ex'r v. Humes,.. ...659 .137 887 Thompson and Hanrick & Dowell. 409 613 Smith & Co. v. Zurcher, use, &c...208) Ticknor & Day v. Wiswall............305 Smith v. Redus and wife 914 .99 Tipton et al and Purdom REPORTS OF CASES ARGUED AND DETERMINED JANUARY TERM, 1846. THE STATE v. BROOKS. 1. The tenth chapter of the penal code provides the manner by which grand jurors shall be constituted, and one constituted in any other mode has no legal warrant. When, however, the board of officers intrusted with the selection of the jury, has made the necessary certificate, there is no mode by which its action can be collaterally called in question or re-examined. 2. Although the board is limited to the selection of individuals who are house-holders and free-holders, and of integrity for character and sound judgment, and cannot lawfully select individuals of various specified avocations, professions and callings, yet the selection of those will not vitiate an indictment found by a jury of which they are members. 3. Under the code, a challenge to the array, or a plea in abatement to the panel, invokes the enquiry only, whetuer the jury has been selected in the mode directed, and on such issue, the certificate of the board is conclusive. 4. This certificate may be made by the attending officers, or the clerk of the county court, when one of them: 5. When the matter of a plea in abatement is the disqualification of a juror, laying out of view the direction to summon free-holders and house-holders, as to which no opinion is given-it must present the constitutional disqualification of conviction for bribery, &c. &c. Matters which exempt individnals from jury service, are not disqualifications which will abate an indictment. |