Code of Alabama
Ala. Code § 12-16-90 (2026)
Provisions of Article as to Selection, Drawing, Summoning, Etc., of Jurors Directory; Powers, Etc., of Jurors Selected, Drawn, Summoned, Etc., Under Article.
✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
(a) The provisions of this article as to the selection, drawing, summoning or empaneling of jurors are directory merely and not mandatory.
(b) The jurors selected, drawn, summoned and empaneled under the provisions of this article, whether at an earlier or later day than required by this article, must and shall in all respects be deemed legal and to possess in full in every respect power to perform all of the duties belonging to grand and petit jurors.
(Acts 1909, No. 227, p. 305; Code 1923, §8636; Code 1940, T. 30, §45.)
Notes of Decisions
Cited in 2
cases, 1983–1996 · leading case: Brewer v. State, 440 So. 2d 1155 (Ala. Crim. App. 1983).
Brewer v. State, 440 So. 2d 1155 (Ala. Crim. App. 1983). “Thus, appellant concludes, the indictment against him was returned by an illegally-constituted grand jury and was therefore due to be quashed.”
Gen. Motors Corp. v. Hopper, 681 So. 2d 1373 (Ala. 1996). “I concur with the majority to reverse the new trial order and to remand the cause, based on the following reasons: (1) The record clearly shows that the plaintiff waived any right to challenge the juror; *1375 (2) The juror actually lived in the Birmingham Division when the case…”
Ala. Code § 12-16-90(a): 1 case
Brewer v. State, 440 So. 2d 1155 (Ala. Crim. App. 1983). “Thus, appellant concludes, the indictment against him was returned by an illegally-constituted grand jury and was therefore due to be quashed.”
Ala. Code § 12-16-90(b): 2 cases
Brewer v. State, 440 So. 2d 1155 (Ala. Crim. App. 1983). “Thus, appellant concludes, the indictment against him was returned by an illegally-constituted grand jury and was therefore due to be quashed.”
Gen. Motors Corp. v. Hopper, 681 So. 2d 1373 (Ala. 1996). “I concur with the majority to reverse the new trial order and to remand the cause, based on the following reasons: (1) The record clearly shows that the plaintiff waived any right to challenge the juror; *1375 (2) The juror actually lived in the Birmingham Division when the case…”
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