Edgar v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. C. F. Moulton. James Edgar was indicted at the June term, 1868, of the city court of Mobile, for the murder of Henry D. Bassett. The trial came on the 4th December, and the defendant was found guilty of murder in the second degree, and sentenced to the penitentiary for twenty-five years.
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Appeal from the City Court of Mobile. Tried before the Hon. C. F. Moulton. James Edgar was indicted at the June term, 1868, of the city court of Mobile, for the murder of Henry D. Bassett. The trial came on the 4th December, and the defendant was found guilty of murder in the second degree, and sentenced to the penitentiary for twenty-five years. On the trial the defendant reserved the following bill of exceptions : “ While the jury was being impanneled one Titcomb was called, and asked if he was a free-holder or house-holder. He answered that he did not own any real estate, but that he had a…
1Opinion of the CourtPeck, C. J.
1. There is nothing in the objections taken to the jurymen, Titcomb, John Gray and James Riley ; their examination showed they were householders, and that made them lawful jurymen in this ease. — Revised Code, § 4092.
2. There is no error in sustaining the objection of the solicitor, to the answer of the witness Summerlin, to the question asked by appellant’s counsel, and in excluding the answer from the jury — 1. Because the answer, if it had not been excluded, should have had no influence with the jury. 2. Because it had not been communicated to the appellant, and he knew nothing of it at…
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