Legal Opinion

Wilkins v. State

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 19 opinions

Appeal from the Circuit Court of - Washington. Tried before the Hon. William S. Anderson. The appellant, Sam Wilkins, was indicted and tried for the murder of one Chambliss, “by hanging him with a rope, ” was convicted of murder in the first degree, and sentenced to the penitentiary for life.

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Appeal from the Circuit Court of - Washington. Tried before the Hon. William S. Anderson. The appellant, Sam Wilkins, was indicted and tried for the murder of one Chambliss, “by hanging him with a rope, ” was convicted of murder in the first degree, and sentenced to the penitentiary for life. Sam Wilkins was jointly indicted with several others for the murder of Chambliss, and upon the cause being called for trial, the solicitor moved that there be a severance as to Sam Wilkins and two others, and that they be tried separately from the other defendants. The defendants objected to this, and…

1Opinion of the CourtBrickell, C. J.

Whether defendants jointly indicted are entitled as matter of right to demand á joint trial, is not now an open question in this- court. The *57statute, (Cr. Code of 1886, § 4451),confers on such, defendants, the unqualified right to elect and demand separate trials ; but it is incapable of any just construction, conferring the right to demand that the trial be joint. If a separate trial is not demanded, it rests, as at common law, in the sound discretion of the court, whether the trial will be joint or several. — Jackson v. State, 104 Ala. 1; Wright v. State, 108 Ala. 60.

The offense charged in…

2Cases cited7 opinions

  1. Johnson v. StateSupreme Court of Alabama · 1893
  2. Jackson v. StateSupreme Court of Alabama · 1893
  3. Wright v. StateSupreme Court of Alabama · 1895
  4. Darby v. StateSupreme Court of Alabama · 1890
  5. Murphy v. StateSupreme Court of Alabama · 1888

2 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Whitehead v. StateSupreme Court of Alabama · 1921
  2. State v. CoeSupreme Court of Kansas · 1977
  3. Powell v. StateSupreme Court of Alabama · 1932
  4. Evans v. StateSupreme Court of Alabama · 1923
  5. Cawley v. StateSupreme Court of Alabama · 1901

14 more not listed; retrieve them via the Exa API.

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