Sylvester v. State
Supreme Court of Alabama
Appeal from City Court of 'Mobile. Tried before lion. O. J. Semmes. At the November term, 1880, of said court, Nat Sylvester, alias Nathaniel Sylvester, the defendant, was indicted for the murder of Jeremiah Lynch; and at a subsequent term he was tried and convicted of murder in the second degree, and sentenced to imprisonment in the penitentiary for ten years.
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Appeal from City Court of 'Mobile. Tried before lion. O. J. Semmes. At the November term, 1880, of said court, Nat Sylvester, alias Nathaniel Sylvester, the defendant, was indicted for the murder of Jeremiah Lynch; and at a subsequent term he was tried and convicted of murder in the second degree, and sentenced to imprisonment in the penitentiary for ten years. It does not appear from the record that the prisoner was present in court, either in person or by attorney, when a day was appointed for liis trial, and the order made for summoning the special venire ; nor does it appear that the…
1Opinion of the CourtSomerville, J.
The'record in this case fails to show that the defendant was personally present in court when a day was fixed for his trial, and the order was made for summoning the special venire. It is insisted by appellant’s counsel that. this defect is a reversible error. The same point was .raised in Hall v. The State, 40 Ala. 698, and was there left undecided,, the court, however, expressing the opinion with emphasis,, “that it is the safer and better course to have the prisoner in court when such orders are made, and that the record should so affirm.” In the case of Spicer v. The State, 69 Ala. 159,…
2Cases cited7 opinions
- Dupree v. StateSupreme Court of Alabama · 1859
- Spicer v. StateSupreme Court of Alabama · 1881
- Hall v. StateSupreme Court of Alabama · 1867
- Parsons v. StateSupreme Court of Alabama · 1853
- Paris v. StateSupreme Court of Alabama · 1860
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- Ex Parte WeaverSupreme Court of Alabama · 1996
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