Walker v. State
Supreme Court of Alabama
From tlie Circuit Court of Hale. Tried before the Hon. John Moore. The defendant in this case, Tom Walker, a negro, was indicted for the murder of William Cottrell, another negro, by shooting him with a pistol; ivas convicted of murder in the-first degree, and sentenced to death; but, since the affirmanceof the judgment by this court, his sentence has been commuted to imprisonment- for life.
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From tlie Circuit Court of Hale. Tried before the Hon. John Moore. The defendant in this case, Tom Walker, a negro, was indicted for the murder of William Cottrell, another negro, by shooting him with a pistol; ivas convicted of murder in the-first degree, and sentenced to death; but, since the affirmanceof the judgment by this court, his sentence has been commuted to imprisonment- for life. Before entering on the trial, the defendant “moved to quash the venire, on the ground that the name of F. 1£. May appeared there as one of the jurors drawn for this case, who was described as a clerk…
1Opinion of the CourtMcCLELLAN, J.
The alleged mistake in the name of May, who was drawn as one of the special jurors for the trial of this case, which is made the ground of the motion to quash the venire, is unsupported by any evidence; and even had it been proved, it would not have authorized or justified the action invoked by the motion.—Gilson v. State, 89 Ala. 121.
Application for a continuance, on the ground of the absence of material witnesses, is addressed to the discretion of the trial court; and its action thereon is not revisable.—DeArman v. State, 77 Ala. 101.
The failure of the record to affirmatively show the…
2Cases cited30 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- Ford v. StateSupreme Court of Alabama · 1882
- Winslow v. StateSupreme Court of Alabama · 1884
- Maxwell v. StateSupreme Court of Alabama · 1889
- Moulton v. StateSupreme Court of Alabama · 1889
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3Cited by46 opinions
- Ex Parte BankheadSupreme Court of Alabama · 1991
- People v. TrocheCalifornia Supreme Court · 1928
- Knowles v. BlueSupreme Court of Alabama · 1923
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Ex Parte SmithSupreme Court of Alabama · 2000
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