Landthrift v. State
Supreme Court of Alabama
Appeal from the City Court of G-adsden. Tried before the Hon. John H. Disqtje. The appellant in this case, Walter Landtlirift, was indicted and tried for an assault upon “Emily McLain, a woman, with the intent to forcibly ravish her,” was convicted of the offense charged, and sentenced to the penitentiary for twenty years.
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Appeal from the City Court of G-adsden. Tried before the Hon. John H. Disqtje. The appellant in this case, Walter Landtlirift, was indicted and tried for an assault upon “Emily McLain, a woman, with the intent to forcibly ravish her,” was convicted of the offense charged, and sentenced to the penitentiary for twenty years. The bill of exceptions contains the following recital as to the remarks made by the court to the jury who tried' the case of the State v. Jack Bickers, and the defendant’s objection to being put upon trial: “The case which was tried in said city court next preceding the…
1Opinion of the CourtTyson, J.
The remark of the presiding judge to the jury in the case of State v. Bickers, made in the presence and hearing' of the jury who afterwards tried this case, if conducive to the due administration of the law, could not possibly have been of prejudice to the defendant.
In the absence of all showing to the contrary, it must he presumed that the judge was justified in protesting against the verdict in the manner that he did, because of a flagrant miscarriage of justice in that case, due, of course, to a failure on the part of the jury to discharge their duty. Entertaining this conviction, he ought…
2Cases cited1 opinion
- White v. StateSupreme Court of Alabama · 1902
3Cited by7 opinions
- Jay v. StateAlabama Court of Appeals · 1916
- Welch v. StateSupreme Court of Alabama · 1908
- Scott v. StateAlabama Court of Appeals · 1912
- Roberts v. StateCourt of Criminal Appeals of Alabama · 1976
- Williams v. StateAlabama Court of Appeals · 1922
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