Burkett v. State
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. Thos. L. Sowell. Albert Burkett was convicted of murder and appeals. Defendant was indicted for murder in tbe second degree for killing Wilson Holsenback by cutting him with a knife or some other sharp instrument to tbe grand jury unknown.
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Appeal from Walker Law and Equity Court. Heard before Hon. Thos. L. Sowell. Albert Burkett was convicted of murder and appeals. Defendant was indicted for murder in tbe second degree for killing Wilson Holsenback by cutting him with a knife or some other sharp instrument to tbe grand jury unknown. Demurrers were interposed to tbe indictment: “(1) In that it charged in tbe alternative tbe instrument with which tbe alleged killing was done, and one of tbe alternative averments ivas insufficient. (2) The averments in the indictment descriptive of the instrument with which the killing was done is…
1Opinion of the CourtSimpson, J.
The appellant was convicted of manslaughter in the second degree. The appellant insists that, inasmuch as the indictment was against said appellant and Robert (alias Bob) Bishop, the defendant *28was entitled to be tried jointly, and that it was error to try him alone without some proceeding* for a severance. Our statutes give the right to a defendant to sever and be tried alone, but do not give any right to a joint trial. This is a matter for the discretion of the court, and the various parties to the indictment may be severally, separately, and successively tried. — Jackson, et al. v. State,…
2Cases cited12 opinions
- Roberts v. StateSupreme Court of Alabama · 1880
- Smith v. StateSupreme Court of Alabama · 1904
- Stoball v. StateSupreme Court of Alabama · 1897
- Compton v. StateSupreme Court of Alabama · 1895
- Hammond v. StateSupreme Court of Alabama · 1906
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- McDowell v. StateSupreme Court of Alabama · 1939
- Smith v. StateSupreme Court of Alabama · 1913
- Adams v. StateSupreme Court of Alabama · 1912
- Clayton v. StateAlabama Court of Appeals · 1929
- Charley v. StateSupreme Court of Alabama · 1920
18 more not listed; retrieve them via the Exa API.