Simon v. State
Supreme Court of Alabama
Appeal from Hale Law and Equity Court. Heard before Hon. Charles E. Waller. Tom Simon, alias, was convicted of murder in the first degree, and he appeals.
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Appeal from Hale Law and Equity Court. Heard before Hon. Charles E. Waller. Tom Simon, alias, was convicted of murder in the first degree, and he appeals. The court erred in not vigorously applying its repressive powers to prevent such departure from legitimate argument as that indulged by the the solicitor in this case. — Tannehill v. State, 159 Ala. 52; James v. State,-170 Ala. 74; B. R., L. é P. Go. v. Drennen, 57 South. 881; Florence G. & I. Go. v. Fields, 104 Ala. 471. The mere direction to the jury not to regard such statements did not meet the case, and the.court should have promptly…
1Opinion of the Court
de GRAFFENRIED, J.
-In this case the defendant was tried for and convicted of murder in the first degree, and was sentenced to death. There was ample evidence to justify his conviction of the offense, and, if the evidence against him is to be believed, the facts presented such a case as authorized the jury to impose upon him the highest penalty known to the law. It was, however, unfortunate that counsel for the state, in cross-examining the defendant while he was testifying as a witness in his own behalf, asked him a question which not only called for illegal and irrelevant testimony, but…
2Cases cited2 opinions
- Pitts v. StateSupreme Court of Alabama · 1903
- Hill v. StateSupreme Court of Alabama · 1908
3Cited by12 opinions
- Robinson v. StateSupreme Court of Alabama · 1943
- Williams v. StateSupreme Court of Alabama · 1943
- McLaughlin v. StateCourt of Criminal Appeals of Alabama · 1991
- Renfroe v. StateCourt of Criminal Appeals of Alabama · 1973
- Bozeman v. StateAlabama Court of Appeals · 1932
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