Jeri Lynn Gilbreath v. Ruth Wallace

JONES, Justice. The ultimate question for decision on this appeal is whether Act No. 1734, Acts of Alabama, Regular Session, 1971, as amended by Act No. 189, 3rd Special Session, 1971, providing for a 6-momber jury in the DeKalb County Court, is constitutional as applied to the trial of a will contest. Stated otherwise, did the trial Judge of the DeKalb County Court rule correctly in denying the appellants' (contestants below) motion for a 12-member jury and in overruling the objection to a 6-member jury in the context here applicable? We answer No to the question as alternatively posed, and we reverse and remand.