Jackson v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Baldwin. Tried before the Hon. James T. Jones. The appellants, Oliver Jackson and Hilliard Jackson, were indicted jointly with Reuben Moore for an assault with intent to murder one Sam Weil.
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Appeal from the Circuit Court of Baldwin. Tried before the Hon. James T. Jones. The appellants, Oliver Jackson and Hilliard Jackson, were indicted jointly with Reuben Moore for an assault with intent to murder one Sam Weil. The defendants moved for a change of venue, averring in said motion, that having been convicted of an assault with intent to murder .one Moog, which offense was committed at the same, timé óf- the assault upon Weil, .the indictment/for which, .was . then. pending,, .the people, of the county;at large were very much prejudiced against the "defendants;; that there had been…
1Opinion of the CourtBrickell, C. J.
The motion or application of the appellants for a joint trial with their co-defendant Moore, who was not in the custody of the court, but was confined in the penitentiary, in its real essence, whatever form it was made to assume, was an application for a continuance, and could very properly now be disposed of as such, without further remark, than that the grant or refusal of a continuance rests in the irrevisable discretion of the primary court. But it seems to have been supposed, that there is an inherent right in a defendant jointly indicted with others, to demand a joint trial, and to…
2Cases cited6 opinions
- United States v. MarchantSupreme Court of the United States · 1827
- Salm v. StateSupreme Court of Alabama · 1889
- Hawkins v. StateSupreme Court of Alabama · 1846
- Thompson v. StateSupreme Court of Alabama · 1854
- Parmer v. StateSupreme Court of Alabama · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Sprinkle v. StateCourt of Criminal Appeals of Alabama · 1978
- Holsemback v. StateCourt of Criminal Appeals of Alabama · 1983
- Peoples v. StateCourt of Criminal Appeals of Alabama · 1986
- Patton v. StateSupreme Court of Alabama · 1945
- Lide v. StateSupreme Court of Alabama · 1901
13 more not listed; retrieve them via the Exa API.