McDaniels v. State
Supreme Court of Alabama
Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. Joe McDaniel’s was convicted of murder in the first degree, sentenced to death, and he appeals. The facts are sufficiently stated in the opinion of the court.
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Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. Joe McDaniel’s was convicted of murder in the first degree, sentenced to death, and he appeals. The facts are sufficiently stated in the opinion of the court. The following charges noted in the opinion, among others, were refused to the defendant: “(4) The court charges the jury that, if they have a reasonable doubt as to' the truth or falsity of the evidence of the woman, Emma Williams, who testified in this case, they must acquit the defendant. (5) The court charges the jury that the only evidence introduced by the state to…
1Opinion of the CourtMcCLELLAN, J.
The appellant stands condemned to suffer death for the murder of Robert W. Drake. Preliminary to the trial below the defendant moved for a change of venue. The court denied the motion, and this action of the court is the first question presented for review here. This court, in Hawes’ Case, 88 Ala. *2737, 7 South. 302, announced the.rule that the action of a trial court in refusing an application for a change of venue will not be reversed unless this court can “see, and see clearly, that its action was wrong,” that the presumption prevails that the fuli'ng ivas free from error, until error is…
2Cases cited2 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Segars v. StateSupreme Court of Alabama · 1888
3Cited by23 opinions
- Burns v. StateSupreme Court of Alabama · 1944
- Smith v. StateSupreme Court of Alabama · 1935
- Bridges v. StateCourt of Criminal Appeals of Alabama · 1974
- Freeman v. State.Court of Criminal Appeals of Alabama · 1998
- Baxley v. StateAlabama Court of Appeals · 1921
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