Simmons v. State
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before I-Ion. W. W. Haralson. Walter Simmons was convicted of murder in the second degree, and appeals.’ The charges referred to in the opinion' are as follows: ' “(1) Gentlemen of the jury, I charge you that if the testimony in this case in its Aveight and effect be such as" that two conclusions can be reasonably drawn'from it, the one favoring the defendant’s innocence and the other establishing his guilt, law, justice, and humanity…
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Appeal from Jackson Circuit Court. Heard before I-Ion. W. W. Haralson. Walter Simmons was convicted of murder in the second degree, and appeals.’ The charges referred to in the opinion' are as follows: ' “(1) Gentlemen of the jury, I charge you that if the testimony in this case in its Aveight and effect be such as" that two conclusions can be reasonably drawn'from it, the one favoring the defendant’s innocence and the other establishing his guilt, law, justice, and humanity alike demand that the jury shall adopt’ the former, and find the defendant not guilty. The jury are further instructed…
1Opinion of the CourtSayre, J.
When the juror Parks was called, the defendant showed to the court that the solicitor for the state, aftc-r the parties had announced ready for trial, but before a jury had been called to try the case, had taken the juror into a room, and had asked him whether a certain juror then in the box was nervous, and if sitting on the case would affect him, but had said nothing tcf him about tlie case. On these facts the defendant challenged the juror for cause. The court overruled the challenge, and the defendant excepted.
There was no error in the court’s ruling. This court has condemned any improper…
2Cases cited4 opinions
- Gibson v. StateSupreme Court of Alabama · 1890
- Craig & Co. v. Pierson Lumber Co.Supreme Court of Alabama · 1910
- Smith v. StateSupreme Court of Alabama · 1889
- Toliver v. StateSupreme Court of Alabama · 1891
3Cited by3 opinions
- Mathis v. StateAlabama Court of Appeals · 1916
- Davis v. StateAlabama Court of Appeals · 1923
- Coats v. StateAlabama Court of Appeals · 1949