Stevens v. State
Supreme Court of Alabama
Appeal from tlie Circuit Court of Colbert. Tried before tlie Hon. A. I-I. Alston. The appellant in this case, George Stevens, was indicted and tried' for the murder of Jodie Weston by shooting him with a pistol, was convicted of murder in the second degree and sentenced to tlie penitentiary for forty years.
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Appeal from tlie Circuit Court of Colbert. Tried before tlie Hon. A. I-I. Alston. The appellant in this case, George Stevens, was indicted and tried' for the murder of Jodie Weston by shooting him with a pistol, was convicted of murder in the second degree and sentenced to tlie penitentiary for forty years. When the case was called for trial, the defendant moved the court to grant him a continuance, upon the ground that five of his material witnesses were absent, four of whom had not been found or summoned notwithstanding subpoenas had issued for them and the other of the absent witnesses had…
1Opinion of the CourtTyson, J.
On the facts shown in the record, it cannot be affirmed that the court abused its discretion in refusing the defendant’s motion for a continuance. Walker v. The State, 117 Ala. 85; Kilgore v. The State, 124 Ala. 24; Huskey v. The State, 129 Ala. 94.
The statement of deceased made to his brother, immediately after the difficulty, that he was killed, tended to give character to the act of defendant, and was near enough in point of time to be within the mile making it a part of the res gestae of the act of homicide. It was properly admitted.
Dr. Morris, a practicing physician, who examined the…
2Cases cited11 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Miller v. StateSupreme Court of Alabama · 1894
- Aaron v. StateSupreme Court of Alabama · 1861
- Young v. StateSupreme Court of Alabama · 1881
- Walker v. StateSupreme Court of Alabama · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- Braham v. StateSupreme Court of Alabama · 1904
- Burns v. StateSupreme Court of Alabama · 1932
- Smith v. StateSupreme Court of Alabama · 1904
- Hill v. StateSupreme Court of Alabama · 1915
14 more not listed; retrieve them via the Exa API.