Robbins v. State
Supreme Court of Alabama
From the Quarter Sessions Court of Wilcox. Tried before the Hon. T. W. Price. The prisoner in this case was indicted for an assault on Edmund Sellers, with intent to murder him, and pleaded not guilty to the indictment.
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From the Quarter Sessions Court of Wilcox. Tried before the Hon. T. W. Price. The prisoner in this case was indicted for an assault on Edmund Sellers, with intent to murder him, and pleaded not guilty to the indictment. Pending the trial, as the bill of exceptions states, “ after the evidence was gone into, and after two witnesses had testified in the case, the court adjourned for dinner, and dispersed the jury, with the remark to them, ‘ that they must not talk about the case,’ without anything being said by the State or the defendant. When the court convened again after dinner, the…
1Opinion of the CourtBbickell, J.
— The separation of the jury, the prisoner not objecting, was a matter within the discretion of the court, and cannot be made the subject of revision on error. If it was irregular, or if any injury to the accused resulted from it, it is matter on which to ground an application for a new trial. We concur in all that is said on this point by Chief Justice Peck, in the case of Williams v. The State, 45 Ala. 57. It is the safer practice, especially in cases of felonies, not to permit the jury to depart the presence of the court, even on an adjournment, unless attended by a sworn officer, and not…
2Cases cited1 opinion
- Williams v. StateSupreme Court of Alabama · 1871
3Cited by6 opinions
- Arnett v. StateSupreme Court of Alabama · 1932
- James v. StateSupreme Court of Alabama · 1875
- Mitchell v. StateSupreme Court of Alabama · 1943
- Pearson v. StateAlabama Court of Appeals · 1912
- Salmon v. SalmonAlabama Court of Appeals · 1915
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