Brassell v. State
Supreme Court of Alabama
From the Circuit Court of Autauga. Tried before the Hon. Jas. R. Dowdell. The defendant in this case, Robert- 8. Brassell, was indicted for a rape on Georgie Buckner, a girl about fifteen years of age, who was his niece, was convicted, and sentenced to the penitentiary for life.
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From the Circuit Court of Autauga. Tried before the Hon. Jas. R. Dowdell. The defendant in this case, Robert- 8. Brassell, was indicted for a rape on Georgie Buckner, a girl about fifteen years of age, who was his niece, was convicted, and sentenced to the penitentiary for life. The bill of exceptions does not show any objection or exception reserved by the defendant during the organization of the jury, and the judgment-entry recites-that the jury was ‘‘duly organized, impanelled and sworn according to law.” On the trial, the prosecutrix testified to the commission of the offense on her…
1Opinion of the CourtStone, C. J.
We find no error in this record. There is nothing which authorizes us to infer that the accused was denied his legal right of challenges in the organization of the jury. Such denial, if it occurred, should have been objected to in the court below, and the question reserved. In the absence of such reservation, we presume the trial court did its duty.
*47Presiding judges in primary courts frequently find it necessary to permit leading questions to lie propounded to witnesses. in order to get the facts before the jury. Such rulings are not revisadle.—Sayre v. Durwood, 35 Ala. 247; 1 Brick. Dig. 886,…
2Cases cited3 opinions
- Pellum v. StateSupreme Court of Alabama · 1889
- Norris v. StateSupreme Court of Alabama · 1888
- Sayre v. DurwoodSupreme Court of Alabama · 1859
3Cited by12 opinions
- Myhand v. StateSupreme Court of Alabama · 1953
- Pitman v. StateSupreme Court of Alabama · 1906
- Hardley v. StateSupreme Court of Alabama · 1918
- Carter v. StateSupreme Court of Alabama · 1921
- Garrett v. StateSupreme Court of Alabama · 1892
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