Whitehead v. State
Supreme Court of Alabama
Appeal from Circuit Court, Geneva County ; H. A. Pearce, Judge. Babe Whitehead was convicted of murder in the second degree and he appeals.
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Appeal from Circuit Court, Geneva County ; H. A. Pearce, Judge. Babe Whitehead was convicted of murder in the second degree and he appeals. The pleas in abatement referred to will be found fully set out in the report of the Case of Dan Whitehead, post, p. 399, 90 South. 356. The following charges were refused to the defendant: (3) “If, after a consideration of all the evidence in this case, the jury have a reasonable doubt as to whether or not defendant shot on the occasion in question, then the jury should acquit him.” (12) “The defendant after the death of deceased could not aid or abet in…
1Opinion of the CourtMiller, J.
[1] The defendant, Babe Whitehead, was jointly indicted with others for the offense of murder in the first degree. The defendant did not demand a separate trial. The state by its solicitor did. There was no objection by the defendant. The court granted it. This was not error. When the defendant does not demand a separate trial as the law permits (Code 1907, § 7842), whether .the trial shall be joint or separate then rests in the sound discretion of the court. Wilkins v. State, 112 Ala. 55, 21 South. 56; Charley v. State, 204 Ala. 687, 87 South. 177.
[2] The defendant was duly arraigned on the…
2Cases cited14 opinions
- DeArman v. StateSupreme Court of Alabama · 1882
- Jones v. StateSupreme Court of Alabama · 1913
- Brown v. StateSupreme Court of Alabama · 1895
- Smith v. StateSupreme Court of Alabama · 1904
- Gafford v. StateSupreme Court of Alabama · 1899
9 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Hamilton v. AlabamaSupreme Court of the United States · 1961
- Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
- Leith v. StateSupreme Court of Alabama · 1921
- Holloway v. StateAlabama Court of Appeals · 1952
- Payne v. StateSupreme Court of Alabama · 1954
42 more not listed; retrieve them via the Exa API.