DeArman v. State
Supreme Court of Alabama
Indictment for Mv/rder. From the Circuit Court of Calhoun. 'I ried before the Hon. Leroy F. Box. The defendant in this case, John A. DeArman, was indicted' for the murder of Seaborn J. Crook, by shooting him >yith a gun, and, on the first trial, was convicted of murder in the second degree ; but the judgment was reversed by this court, and the cause was remanded, as shown by the former report of the case. 71 Ala. 361. On his second trial, at the January term, 1885, the…
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Indictment for Mv/rder. From the Circuit Court of Calhoun. 'I ried before the Hon. Leroy F. Box. The defendant in this case, John A. DeArman, was indicted' for the murder of Seaborn J. Crook, by shooting him >yith a gun, and, on the first trial, was convicted of murder in the second degree ; but the judgment was reversed by this court, and the cause was remanded, as shown by the former report of the case. 71 Ala. 361. On his second trial, at the January term, 1885, the defendant reserved a bill of exceptions, as follows : “ At the last term of the court, it was ordered by the court, in the…
1Opinion of the Court
SOMERYILLE, J\
It is a matter resting entirely within the discretion of the trial court, to continue or refuse to continue causes, civil or criminal, and such action can not be revised on error. And the rule applicable to putting the State, in criminal causes, to the admission as to what an absent witness of a defendant would testify, if present, is necessarily the same. The primary court has a discretionary power to require either party to make a proper showing, under oath, as to what he expects to prove by an absent witness, and what diligence he has used to obtain Ins testimony; and if the…
2Cases cited10 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- DeArman v. StateSupreme Court of Alabama · 1882
- Foster v. StateSupreme Court of Alabama · 1864
- Bell & Murray v. StateSupreme Court of Alabama · 1872
- Shelton v. StateSupreme Court of Alabama · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Jordan v. StateSupreme Court of Alabama · 1886
- Knowles v. BlueSupreme Court of Alabama · 1923
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Burton v. StateSupreme Court of Alabama · 1896
- Childress v. StateSupreme Court of Alabama · 1888
21 more not listed; retrieve them via the Exa API.