McLean v. State
Supreme Court of Alabama
• Error to the Circuit Court of Russell. Tried before the Hon. J. J. Woodward. The plaintiff in error was indicted for the murder of one Mavin Whatley. After the jury was impannelled, the counsel of the prisoner asked that the witnesses on the part of the State be put under the rule, which was accordingly done.
Read the full summary
• Error to the Circuit Court of Russell. Tried before the Hon. J. J. Woodward. The plaintiff in error was indicted for the murder of one Mavin Whatley. After the jury was impannelled, the counsel of the prisoner asked that the witnesses on the part of the State be put under the rule, which was accordingly done. The State’s counsel then made a similar motion as respects the witnesses for the prisoner, which the court granted in opposition to the objection of the prisoner’s counsel. Various objections were taken on the trial to the admission and exclusion of testimony, all of which, wi|h the…
1Opinion of the CourtChilton, J.
There was no error in ordering that the witnesses should be examined out of the hearing of each other. It was a matter discretionary with the court, and cannot avail the prisoner on error. It is the uniform practice in civil cases for the court upon the application of the counsel of either party to pass such order, and the rule is the same, both in civil and criminal cases. — 1 Greenl. Ev. § 432 (3d ed.) note 1 to pages *67458-584, where the authorities are cited. The error first assigned must therefore be disallowed.
2. The 2d, 3d, 4th and 6th assignments, which relate to the inadmissibility of the…
2Cases cited5 opinions
- Dickinson v. BarberMassachusetts Supreme Judicial Court · 1812
- Grant v. ThompsonSupreme Court of Connecticut · 1822
- Lee v. JilsonSupreme Court of Connecticut · 1831
- Bradford v. BushSupreme Court of Alabama · 1846
- State v. BrinyeaSupreme Court of Alabama · 1843
3Cited by54 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- George v. StateSupreme Court of Alabama · 1941
- Critzer Et Ux. v. DonovanSupreme Court of Pennsylvania · 1927
- Braham v. StateSupreme Court of Alabama · 1904
- McAllister v. StateSupreme Court of Alabama · 1850
49 more not listed; retrieve them via the Exa API.