Sanders v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Greene. The appellant was indicted and tried for the murder Wiley Roberts, was convicted of murder in the first degree, and sentenced to the penitentiary for life.
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Appeal from the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Greene. The appellant was indicted and tried for the murder Wiley Roberts, was convicted of murder in the first degree, and sentenced to the penitentiary for life. On the trial of the case, as shown by the bill of exceptions , the State introduced evidence tending to show that the defendant and deceased quarrelled about some mining tools ; that deceased was standing on the porch of the house, which had been occupied by him and the defendant, about three or four feet from the latter, the defendant being in the door…
1Opinion of the CourtMcCLELLAN, J.
It is entirely within the discretion of the trial cout to permit a witness who has been put under the rule, and has violated the injunction of the *7court in respect of talking about the case, to be examined notwithstanding such infraction of the rule ; and we will not revise the action of the criminal court in allowing the witness Parsons to go on the stand and testify against the objection of the defendant based upon the fact that he had talked with one Penn while under the rule as to what his testimony would be in the case, and had sent a message by Penn to the solicitor indicating what he…
2Cases cited1 opinion
- Johnson v. StateSupreme Court of Alabama · 1891
3Cited by14 opinions
- Braham v. StateSupreme Court of Alabama · 1904
- State v. BartmessOregon Supreme Court · 1898
- Fitzgerald v. StateSupreme Court of Alabama · 1895
- Linnehan v. StateSupreme Court of Alabama · 1897
- Sullivan v. MillerSupreme Court of Alabama · 1932
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