Rogers v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Joseph Rogers was convicted of murder, and lie appeals. The record shows that the defendant was arraigned on April 15, 1909, and pleaded not guilty, when a day was set for his trial, and juries ordered drawn. The arraignment was of Joseph Rogers and Jim Powell, charged in the same indictment with the crime of murder.
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Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Joseph Rogers was convicted of murder, and lie appeals. The record shows that the defendant was arraigned on April 15, 1909, and pleaded not guilty, when a day was set for his trial, and juries ordered drawn. The arraignment was of Joseph Rogers and Jim Powell, charged in the same indictment with the crime of murder. On April 27th the defendant filed the motion to quash the indictment, and also demanded a severance upon the continuance of the cause to May 18, 1909. On that clay the defendant renewed his demand for a…
1Opinion of the CourtAnderson, J.
The record shows that the motion for a severance was not made until some days after the defendant was arraigned and pleaded not guilty. The action of the trial court in refusing said motion will not, therefore, be revised upon this appeal—Rule 31, p. 1525, vol. 2, Code 1907; Hudson v. State, 137 Ala. 60, 34 South. 854; Miller v. State, 130 Ala. 1, 30 South. 379; Austin v. State, 139 Ala. 14, 35 South. 879. Nor will the action of the trial court be revised for declining to receive the plea in abatement to the indictment and in overruling the motion to quash same, as they both came after the…
2Cases cited5 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Miller v. StateSupreme Court of Alabama · 1900
- Hudson v. StateSupreme Court of Alabama · 1902
- Austin v. StateSupreme Court of Alabama · 1903
- Moorer v. StateSupreme Court of Alabama · 1896
3Cited by5 opinions
- Palmer v. StateAlabama Court of Appeals · 1916
- Wise v. StateAlabama Court of Appeals · 1914
- Stevenson v. StateAlabama Court of Appeals · 1921
- Gray v. Bank of MoundvilleSupreme Court of Alabama · 1926
- Stevenson v. StateAlabama Court of Appeals · 1921