He testified that he was County Solicitor of Butler County in 1970 and continued in that capacity until January, 1977, when he became Assistant District Attorney by operation of law. Andrews, Assistant District Attorney, was called by appellant as a witness on this motion to quash the jury venire. He stated he showed the present commissioners the several motions filed by appellant's counsel so that they would know what was alleged in the various motions. He said the three jury commissioners were white and he had never known a black to be appointed to the Jury Commission of Butler County.
Mack butler alabama trial#
He does not strike the jury panel for the trial of cases but assigns that duty to the Assistant District Attorney. He stated that he had never registered a complaint with the jury commissioners as to the composition of the jury rolls and jury box of Butler County since he took office, and that he had not noticed any radical change in the makeup of the grand and petit juries in the past five years. He further testified that women served as foremen of grand juries on two occasions that he could definitely recall. He said he has not known of a black being foreman of a grand jury but knows that blacks served as foremen on two petit juries during his tenure of office. He stated that the population of Butler County is approximately thirty *480 percent black and seventy percent white. In sum, he testified that he had been District Attorney since 1969 and since that time he had assisted the grand jury about twenty times including two or three special grand juries. Bryan, District Attorney of Butler County, Alabama. The first witness called by appellant on the motion to quash the jury venire was Honorable Jesse O. We will treat the motions in the order they were presented to the trial court. The State filed answers to each of these motions and denied most of the allegations, admitted a few, objected to many on the ground that appellant was not entitled to the information sought, and moved that the motions be stricken or denied.Īppellant did not take up these motions in the order in which they were filed but took up the motion to quash the jury venire before going to the other motions. To compel disclosure re: tangible evidence. Challenging "death qualifications" voir dire questions.ġ1. To challenge composition of petit jury.ġ0.
To quash indictment because statute unconstitutional.ĩ. For information necessary to receive a fair trial.Ĩ. To inspect, examine and test physical evidence.Ĥ.
To quash indictment because of discrimination in jury selection.ģ. All of these motions were filed on the same date and the trial court set a date to take testimony, hear arguments, and rule on each motion. Prior to arraignment appellant filed eleven pretrial motions. The case went to the jury on pleas of not guilty and not guilty by reason of insanity. Throughout the trial proceedings he was represented by Court-appointed counsel who represents him on this automatic appeal. The jury returned a verdict finding the defendant guilty as charged in the indictment and fixed his punishment at death. Gen., for the State, appellee.Īppellant was convicted of murder during the course of a robbery in which the victim was intentionally killed by appellant. Chestnut of Chestnut, Sanders & Sanders, Selma, for appellant.
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