Legal Opinion

Snow v. State

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 33 opinions

Appeal from the Circuit Court of Wilcox. Tried before the Hon. John K. Henby. The indictment in this case was against Daniel Smith, Prank Snow, and Elbert Smith, but the last two only were on trial. After the State had concluded its evidence the defendants examined one Henry Smith, and asked him if he knew the defendant Daniel Smith, who was not on trial, to which witness answered that he knew him.

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Appeal from the Circuit Court of Wilcox. Tried before the Hon. John K. Henby. The indictment in this case was against Daniel Smith, Prank Snow, and Elbert Smith, but the last two only were on trial. After the State had concluded its evidence the defendants examined one Henry Smith, and asked him if he knew the defendant Daniel Smith, who was not on trial, to which witness answered that he knew him. Defendants then asked witness if he ever heard said Daniel Smith say who broke open the lint room of Mr. Hall’s gin house ? (the house charged in the indictment). Witness replied that “he did.” The…

1Opinion of the CourtBrickell, C. J.

1. The record discloses that the trial, verdict, imposing sentence, and rendition of judgment, was a continuous transaction at all parts of which the defendants were personally present. It is expressly stated that on the return of verdict of guilty, the defendants were in court, and were each asked, if he had any thing to say, why the sentence of the latu should not he passed upon him, and he had nothing to say — the sentence and judgment immediately following. We cannot agree with counsel that it does not necessarily follow in the face of this recital that the defendants were in court, not…

2Cases cited1 opinion

  1. Smith v. StateSupreme Court of Alabama · 1846

3Cited by33 opinions

  1. Kelly v. StateSupreme Court of Georgia · 1889
  2. Frost v. StateSupreme Court of Alabama · 1932
  3. Lynn v. StateSupreme Court of Alabama · 1948
  4. People v. HallCalifornia Supreme Court · 1892
  5. Wesson v. StateSupreme Court of Alabama · 1939

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