Miller v. State
Supreme Court of Alabama
Appeal from the Ohnüral Court of Jefferson. Tried before tlie I-Ion. Samuel E. Greene. The. appellants, Frank Miller and Frank Duncan, were jointly indicted for the murder of James W. AcL-¡Hiffi. The defendant Miller was convicted of murder in the first degree, and sentenced to be hung. The defendant Duncan was 'convicted of murder in the first degree and sentenced to the penitentiary foil* life.
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Appeal from the Ohnüral Court of Jefferson. Tried before tlie I-Ion. Samuel E. Greene. The. appellants, Frank Miller and Frank Duncan, were jointly indicted for the murder of James W. AcL-¡Hiffi. The defendant Miller was convicted of murder in the first degree, and sentenced to be hung. The defendant Duncan was 'convicted of murder in the first degree and sentenced to the penitentiary foil* life. The day the case was set for trial, and before entering upon the trial, the defendant moved the court to grant a severance, and asked that he be tried alone. This motion was overruled, and to this…
1Opinion of the CourtMcCLELLAN, C. J.
“When two or more defendants are jointly indicted, they may be tried either jointly or separately as either may elect.” — Code, § 5275. “Where two or more persons, charged with a capital offense, are jointly indicted, either of them is entitled to demand a severance, but such right shall be* considered as waived unless claimed at or before the time of arraignment, or, at latest, when the court, at any term, sets a day for the trial of the case, and makes ■an order to summon a special venire. In other than capital offenses, a severance may be demanded at any time before the case regularly goes…
2Cases cited7 opinions
- Gassenheimer v. StateSupreme Court of Alabama · 1875
- Hawes v. StateSupreme Court of Alabama · 1889
- Ingram v. StateSupreme Court of Alabama · 1864
- Ex parte NettlesSupreme Court of Alabama · 1877
- Goersen v. CommonwealthSupreme Court of Pennsylvania · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Duncan v. StateSupreme Court of Alabama · 1965
- Johnson v. StateSupreme Court of Alabama · 1941
- Wilkins v. StateAlabama Court of Appeals · 1940
- Nelson v. StateCourt of Criminal Appeals of Alabama · 1986
- Snead v. StateSupreme Court of Alabama · 1942
28 more not listed; retrieve them via the Exa API.