Stewart v. State
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County ; J. C. B. Gwin, Judge. William E. Stewart was convicted of murder in the second degree, and he appeals. The court erred in excusing the jurors without consent of defendant. Acts 1919, pp. 319, 1041. The condition of the body some time after the killing was improper testimony. 160 Ala.
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Appeal from Circuit Court, Jefferson County ; J. C. B. Gwin, Judge. William E. Stewart was convicted of murder in the second degree, and he appeals. The court erred in excusing the jurors without consent of defendant. Acts 1919, pp. 319, 1041. The condition of the body some time after the killing was improper testimony. 160 Ala. S2, 49 South. 329; 200 Ala. 562, 76 South. 920. No confessions or admissions are proper until after proof of the corpus of the crime. 109 Ala. 50, 19 South. 494; 165 Ala. 99, 51 South. 311. The court erred in its rulings on objections to remarks of the prosecutor. 203…
1Opinion of the CourtMerritt, J.
[1] The 'appellant, under an indictment charging him with.' the murder of one Henry Popee, was convicted of murder in the second degree in the Bessemer division of the circuit court of Jefferson county, Ala., and sentenced to the penitentiary for a term of 10 years. The record of the organization of the juries recites that the judge drew from the jury box 100 names which should constitute the special venire for the trial of capital cases set for the week beginning June 7, 1920. On the 25th day of May, 1920, the defendant, being arraigned, pleaded not guilty. Monday, June 7, 1920, was set as a…
2Cases cited11 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Thornton v. StateSupreme Court of Alabama · 1896
- Montgomery v. StateAlabama Court of Appeals · 1920
- Hunt v. StateSupreme Court of Alabama · 1902
- Wilson v. StateSupreme Court of Alabama · 1903
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