Palmer v. State
Supreme Court of Alabama
Incest. Appeal from Marion Chancery Court. Heard before Hon. C, P. Almon. Fayette Palmer was convicted of incestuous adultery and lie appeals. — The court erred in refusing to continue the case to the next term, and grant defendant attachment for his witnesses returnable then.
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Incest. Appeal from Marion Chancery Court. Heard before Hon. C, P. Almon. Fayette Palmer was convicted of incestuous adultery and lie appeals. — The court erred in refusing to continue the case to the next term, and grant defendant attachment for his witnesses returnable then. At least the court should have granted a continuance to a succeeding day of the term and had attachment for defendant’s witnesses returnable then. — Sec. 6, Const. 1901; Walker v. The State, 117 Ala. 85. The court erred in permitting it to be shown that only defendant, the female and her grand parents were staying at…
1Opinion of the CourtSayre, J.
— We cannot say that the defendant was denied any constitutional right when the court refused to continue or postpone his trial in order that some of his witnesses might be brought into court by attachment. The Constitution provides that in all criminal prosecutions the accused has a right to have compulsory process for obtaining witnesses in his favor. This constitutional assurance is something more than an empty collocation of words. It secures an invaluable right, and its purpose is not to be served by an order for compulsory process made at a time and under conditions which indicate that…
2Cases cited5 opinions
- Walker v. StateSupreme Court of Alabama · 1897
- White v. StrotherSupreme Court of Alabama · 1847
- Cherry v. StateSupreme Court of Alabama · 1880
- Rogers v. Debardeleben Coal & Iron Co.Supreme Court of Alabama · 1892
- Scheidegger v. TerrellSupreme Court of Alabama · 1906
3Cited by23 opinions
- State v. FouquetteNevada Supreme Court · 1950
- Burns v. StateSupreme Court of Alabama · 1944
- Smith v. StateSupreme Court of Alabama · 1935
- Bridges v. StateCourt of Criminal Appeals of Alabama · 1974
- Weaver v. StateCourt of Criminal Appeals of Alabama · 1981
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