Byers v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Greene. The appellant was indicted, tried and convicted for the murder of Eugene Walker, and was sentenced to be hanged.
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Appeal from the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Greene. The appellant was indicted, tried and convicted for the murder of Eugene Walker, and was sentenced to be hanged. The evidence on behalf of the State tended to show that Eugene Walker, the deceased, was killed by being shot with a pistol near Birmingham in Jefferson county, on Saturday night, January 6, 1894, . The deceased had been a soldier in the United Army for about five years, and had been stationed in Nebraska; and his father liyed in Walker county, Alabama. He arrived in Birmingham on the afternoon of…
1Opinion of the CourtHaralson, J.
L. In an application for a change of venue in a criminal case, the statute (Code, § 4485) requires the defendant, to state in his application to the court, “specifically, the reason why he can not have a fair and impartial trial in the county in which the indictment is found, * * * and [it] must be made as early as practicable before the trial, or may be made after conviction, on a new trial being granted, and the refusal of such application may, after final judgment, be reviewed and reversed on appeal.” The word ‘‘trial,” as employed in the statute, means, as has been elsewhere held, “the…
2Cases cited7 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Mitchell v. StateSupreme Court of Alabama · 1891
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Seams v. StateSupreme Court of Alabama · 1887
- Salm v. StateSupreme Court of Alabama · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- Lide v. StateSupreme Court of Alabama · 1901
- Parker v. NewmanSupreme Court of Alabama · 1917
- Powell v. StateSupreme Court of Alabama · 1932
- State v. NealSupreme Court of Missouri · 1943
31 more not listed; retrieve them via the Exa API.