Leith v. State
Supreme Court of Alabama
Appeal from Circuit Court, Walker County; 'J. J. Curtis, Judge. Byron Leith was convicted of murder in the first degree, sentenced to life imprisonment, and he appealed.
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Appeal from Circuit Court, Walker County; 'J. J. Curtis, Judge. Byron Leith was convicted of murder in the first degree, sentenced to life imprisonment, and he appealed. After setting forth the affidavits filed in connection with the motion for new trial, both for the defendant and for the state, together with the opinion of Judge Sowell on the habeas corpus proceedings of Byron Leith, and setting out specifically the objections interposed thereto, both by the state and the defendant, the opinion of Judge J. J. Curtis, directed to be set out, is- as follows: On consideration of all the…
1Opinion of the CourtThomas, J.
Defendant was convicted of murder in the first degree, and his punishment fixed by the jury at imprisonment for life.
The bill of exceptions disclosed that on the trial a juror, Mr. Castleberry, was asked by the court if he had a fixed opinion as to the guilt or innocence of the defendant, and answered in the affirmative, and, being asked, “Is it so fixed that it would not be removed after you heard the testimony?” answered, “Xes, sir.” The court announced that the juror was subject to challenge for cause. The solicitor said the state would waive the challenge. The defendant’s attorney stated…
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