Ex parte Weaver
Supreme Court of Alabama
The defendant in this ease, Monroe L. Weaver, was in-dieted in the Circuit Court of Cherokee, in September, 1876, for the murder of James Weaver; and sued out a habeas corpus before the Hon. James H. Leath, the probate judge of said county, to obtain his discharge on bail.
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The defendant in this ease, Monroe L. Weaver, was in-dieted in the Circuit Court of Cherokee, in September, 1876, for the murder of James Weaver; and sued out a habeas corpus before the Hon. James H. Leath, the probate judge of said county, to obtain his discharge on bail. On the hearing before the probate judge, it was proved that the deceased was shot and killed while plowing in his field, and the man who was in the field with him testified that, on looking towards the place where the smoke of the gun was rising, he saw the defendant running away, with a gun in his hand. There was, also,…
1Opinion of the Court
STONE, J. —
The credibility of oral testimony depends in a large degree on the manner of the witness on the stand. Hence, in criminal prosecutions, it is the constitutional right of the accused “to be confronted by witnesses against him.” The defendant, by the finding of a grand jury, stood charged with the crime of murder. The testimony before the judge of probate was, in form, positive. If true, deceased came to his death by a most atrocious murder, of which defendant was the perpetrator. Standing by itself, it makes a case of “evident proof,” within the letter of the constitution, and which…
2Cases cited1 opinion
- Ex parte McAnallySupreme Court of Alabama · 1875
3Cited by7 opinions
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Ford v. DilleySupreme Court of Iowa · 1916
- Webb v. StateAlabama Court of Appeals · 1951
- Benton v. StateAlabama Court of Appeals · 1942
- Dargan v. HarrisSupreme Court of Alabama · 1880
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