Graves v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Will Graves and another were convicted of murder in the first degree and they appeal. Counsel discusses the paper purporting to be the bill of exceptions and insist that as it Avas agreed to by the prosecutor and filed, it Avas of necessity accepted by defendant as the correct bill of exceptions, and it therefore should be so considered by the court.
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Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Will Graves and another were convicted of murder in the first degree and they appeal. Counsel discusses the paper purporting to be the bill of exceptions and insist that as it Avas agreed to by the prosecutor and filed, it Avas of necessity accepted by defendant as the correct bill of exceptions, and it therefore should be so considered by the court. He also discusses the motion: for a severance, but cites no authority in support of either contention. The motion for severance came after' arraignment and plea of not guilty,…
1Opinion of the CourtSimpson, J.
The appellants were convicted of the crime of murder in the first degree, and sentenced to imprisonment for life.
The record shows that on the 28th day of February, 1910, the defendant filed motions asking for a severance, and on the 5th day of March, 1910, each of the defendants, individulaly, filed a similar motion. Thereafter the cases were stated on the minute book as if a severance had been granted, and in each case, separately, on the 28th day of October, 1910, an order was made, setting the 14th day of November, 1910, as the day for trial, and from time to time the day was continued…
2Cases cited5 opinions
- Pearce v. ClementsSupreme Court of Alabama · 1882
- Kerley v. VannSupreme Court of Alabama · 1875
- Cooley v. United States Saving & Loan Co.Supreme Court of Alabama · 1905
- Clark v. McCrarySupreme Court of Alabama · 1885
- Kirby v. VannSupreme Court of Alabama · 1874
3Cited by1 opinion
- McLeod v. GarrishSupreme Court of Alabama · 1916