Mitchell v. State
Alabama Court of Appeals
Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. John Mitchell was convicted of killing Columbus Gentry, and appeals. The ¡juror, as appearing from the list served on defendant, was E. Ben Perry, but the person answering gave his name as Ben Edmond Perry, and the court required defendant to strike from the list containing the name of E. Ben Perry.
Read the full summary
Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. John Mitchell was convicted of killing Columbus Gentry, and appeals. The ¡juror, as appearing from the list served on defendant, was E. Ben Perry, but the person answering gave his name as Ben Edmond Perry, and the court required defendant to strike from the list containing the name of E. Ben Perry. Defendant introduced evidence tending to show that his reputation for peace and quietness in the community in which he lived prior to the shooting was good. On cross-examination the solicitor asked the witnesses if they had ever heard…
1Opinion of the Court
BROWN, J.(1) The mistake in the name of the juror Perry as it appeared on the copy of the venire served on the defendant and on the list from which he was required to strike in selecting the jury furnished no ground for quashing the venire. —Acts 1909 (Special Session) § 32, p. 320; Bone v. State, 8 Ala. App. 66, 62 South. 455; Smith v. State, 165 Ala. 56, 51 South. 611.(2) In criminal prosecutions, evidence of the general good character of the accused is admissible as original evidence tending to exculpate from the charge, and the weight of authority establishes what we consider the better…
2Cases cited22 opinions
- Griffith v. StateSupreme Court of Alabama · 1891
- Smith v. StateSupreme Court of Alabama · 1904
- Powers v. StateTennessee Supreme Court · 1906
- Brandon v. Progress Distilling Co.Supreme Court of Alabama · 1910
- Forman v. StateSupreme Court of Alabama · 1914
17 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- Windom v. StateAlabama Court of Appeals · 1922
- Charley v. StateSupreme Court of Alabama · 1920
- Stout v. StateAlabama Court of Appeals · 1916
- Baugh v. StateSupreme Court of Alabama · 1928
22 more not listed; retrieve them via the Exa API.