Kirkland v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Houston. Tried before the Hon. John P. Hubbard. The appellant in this case, John C. Kirkland, was indicted and tried for the murder of Lee Edmondson, was convicted of murder in the second degree, and sentenced to imprisonment in the penitentiary for 12 years.
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Appeal from the Circuit Court of Houston. Tried before the Hon. John P. Hubbard. The appellant in this case, John C. Kirkland, was indicted and tried for the murder of Lee Edmondson, was convicted of murder in the second degree, and sentenced to imprisonment in the penitentiary for 12 years. On the trial of the case, it was shown by the testimony that the day of the homicide, the deceased and defendant had been to the town of Dothan, and were returning therefrom in a wagon together, going towards their homes, and while, they were so riding together a dispute arose between them, and the…
1Opinion of the CourtSharpe, J.
It is the law, as declared in this State, that when on a trial of a criminal case it is shown that one. who testified on a former trial of the defendant for the same offense has removed from the State, permanently or for an indefinite time, and that his personal attendance upon the court is not obtainable, the testimony of such absent witness, given on the former trial, is admisible against the defendant on the subsequent trial. — Jacobi v. State, 133 Ala. 1; Percy v. State, 125 Ala. 51; Thompson v. State, 106 Ala. 67; Lowe v. State, 86 Ala. 47. Uuder this rule had it been proved that Peyton…
2Cases cited5 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- Thompson v. StateSupreme Court of Alabama · 1894
- Jacobi v. StateSupreme Court of Alabama · 1901
- Lowe v. StateSupreme Court of Alabama · 1888
- Trammell v. HudmonSupreme Court of Alabama · 1888
3Cited by6 opinions
- Nailer v. StateAlabama Court of Appeals · 1921
- King v. StateAlabama Court of Appeals · 1920
- Bell v. StateSupreme Court of Alabama · 1908
- Kay v. ElsholtzSupreme Court of Minnesota · 1917
- Smith v. StateAlabama Court of Appeals · 1940
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