Wesley v. State
Supreme Court of Alabama
Appeal from City Court of Montgomery. Tried before Hon. John A. Minnis. The indictment in this case charged that before the finding thereof, “Charles Wesley, alias Charlie Wesley, and Creed Scott, feloniously took thirty dollars in greenbacks, national bank-notes, gold or silver coin of the United States, the pi'operty of William Hamilton, from his person, and against his will, by violence to his person, or by putting him in such fear as unwillingly to part with the same,…
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Appeal from City Court of Montgomery. Tried before Hon. John A. Minnis. The indictment in this case charged that before the finding thereof, “Charles Wesley, alias Charlie Wesley, and Creed Scott, feloniously took thirty dollars in greenbacks, national bank-notes, gold or silver coin of the United States, the pi'operty of William Hamilton, from his person, and against his will, by violence to his person, or by putting him in such fear as unwillingly to part with the same, against the peace,” &c. There was a severance, and Wesley was tried, found gulity and sentenced in accordance with the…
1Opinion of the CourtManning, J.
It is settled here, that no appeal lies for the refusal by the primary court, to order a change of venue in a criminal cause. — Kelly v. The State, 52 Ala. 361. It follows that this court will not inquire into the reasons for such a refusal when a cause is brought here after final judgment below. It would be useless to examine into considerations upon which a ruling was made which, if wrong, it is not within our province to correct.
To constitute the jury that shall try a defendant charged with a capital offense, the court must make an order for the summoning of “ not less than fifty nor more…
2Cases cited6 opinions
- Grant v. StateSupreme Court of Alabama · 1876
- State v. . BurkeSupreme Court of North Carolina · 1875
- Murphy v. StateSupreme Court of Alabama · 1861
- Danner v. StateSupreme Court of Alabama · 1875
- Floyd v. StateSupreme Court of Alabama · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Acres v. StateCourt of Criminal Appeals of Alabama · 1989
- Edwards v. StateCourt of Criminal Appeals of Alabama · 1979
- State v. DomanskiSupreme Court of Rhode Island · 1937
- Russell v. StateSupreme Court of Alabama · 1918
- DeFranze v. StateCourt of Criminal Appeals of Alabama · 1970
13 more not listed; retrieve them via the Exa API.