Millender v. State
Supreme Court of Alabama
Murder. Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Tom Millender was convicted of murder in the first degree, and be appeals. The facts in reference to the witnesses and the refusal of the court of a continuance sufficiently appear in the opinion.
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Murder. Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Tom Millender was convicted of murder in the first degree, and be appeals. The facts in reference to the witnesses and the refusal of the court of a continuance sufficiently appear in the opinion. The oral charge of the court, excepted to, is as follows: “Gentlemen of the jury, the court charges you that the law recognizes no definite or fixed time for the formation of malice before the commission of murder. It is sufficient if it springs into existence, even though it be for a moment in advance of the killing. To…
1Opinion of the CourtAnderson, J.
We do not think the trial court committed reversible error in compelling the defendant to go to trial without certain witnesses, under the circumstances as disclosed by the record. It is true all the witnesses, save one, had been ordered by the defendant in time and were within the jurisdiction of the court, *20and be was entitled to compulsory process requiring their attendance, or to make a showing for them before being put to trial. It seems, however, that the court offered to issue attachment for said witnesses, returnable instanter, and which was the most effectual way to get them. Nor does…
2Cases cited1 opinion
- Kennedy v. StateSupreme Court of Alabama · 1903
3Cited by1 opinion
- Ex parte JohnsonSupreme Court of Alabama · 1913