Parsons v. State
Supreme Court of Alabama
ERROR to tbe Circuit Court of Dallas. Tried before tbe Hon. Nathan Cook. The plaintiff in error, Nelson Parsons, was indicted for tbe murder of Drury Mayo.
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ERROR to tbe Circuit Court of Dallas. Tried before tbe Hon. Nathan Cook. The plaintiff in error, Nelson Parsons, was indicted for tbe murder of Drury Mayo. Tbe record shows that bis trial was set for Wednesday, tbe 7th day of November, 1852, and that, on tbe Saturday preceding, tbe sheriff summoned one hundred jurors for tbe trial, in pursuance of an order of tbe court; that a list of these jurors was served on tbe prisoner, as tbe law directs; that on tbe day of trial, after tbe State and tbe prisoner bad announced themselves ready, and after tbe names of tbe jurors summoned bad been…
1Opinion of the CourtGoldthwaite, J.
A preliminary question is raised upon tbe affidavits presented to tbe court showing that, since the writ of error has been granted, tbe prisoner has escaped from jail, and has not been retaken; but we do not see bow that fact can operate to prevent us from considering tbe questions presented upon tbe record, as to tbe legality of his conviction. Tbe law regulating writs of error upon convictions for felony, impliedly dispenses with the attendance of tbe prisoner, by providing that be shall be detained in oust»1-*52dy to abide the judgment rendered by the appellate tribunal. He appears here by…
2Cases cited2 opinions
- State v. M'LendonSupreme Court of Alabama · 1827
- Boles v. StateMississippi Supreme Court · 1872
3Cited by25 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- State v. OstranderSupreme Court of Iowa · 1865
- Spicer v. StateSupreme Court of Alabama · 1914
- Sylvester v. StateSupreme Court of Alabama · 1881
- Sullivan v. StateSupreme Court of Alabama · 1893
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