Charley v. State
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge. Dan Charley was convicted of murder in first degree, and he appeals. No brief came, to the reporter. Transcript in this case contains everything that is required. Section 6256, Code 1907. It is within the discretion of the court whether defendants jointly indicted shall be tried jointly or separately. Section 7842, Code 1907; 108 Ala. 60, 18 South. 941; 103 Ala. 23, 15 South. 820 ; 67 Ala. 55, 42 Am.
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Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge. Dan Charley was convicted of murder in first degree, and he appeals. No brief came, to the reporter. Transcript in this case contains everything that is required. Section 6256, Code 1907. It is within the discretion of the court whether defendants jointly indicted shall be tried jointly or separately. Section 7842, Code 1907; 108 Ala. 60, 18 South. 941; 103 Ala. 23, 15 South. 820 ; 67 Ala. 55, 42 Am. Bep. 95; 112 Ala. 55, 21 South. 56. The jury was properly drawn. Acts 1919, p. 1039. The state has not attacked the defendant’s…
1Opinion of the CourtThomas, J.
The indictment was for murder in the first degree against defendant Dan Gharley, and his punishment was fixed at “death by hanging.”
[1] The record recites an order of severance; whether at the instance of defendant or by the court .ex mero motu is not stated. When two or more persons are jointly in-dieted, there is ho inherent right in either of the defendants to demand a joint trial with his codefendants; and if there is no demand for a- separate trial as provided by statute (Code, § 7842), whether the trial shall be joint or several rests within the sound discretion of the court. Wilkins v.…
2Cases cited24 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- Marler v. StateSupreme Court of Alabama · 1880
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Curry v. StateSupreme Court of Alabama · 1919
- Cox v. StateSupreme Court of Alabama · 1909
19 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Holsemback v. StateCourt of Criminal Appeals of Alabama · 1983
- Stone v. StateSupreme Court of Alabama · 1922
- Whitehead v. StateSupreme Court of Alabama · 1921
- Powell v. StateSupreme Court of Alabama · 1932
17 more not listed; retrieve them via the Exa API.