Legal Opinion

Marler v. State

Supreme Court of Alabama

Decided December 15, 1880PublishedCited by 58 opinions

Indictment for Murder. Appeal from Crenshaw Circuit Court. Tried before Hon. J. K. Henry. At the Spring term, 1879, of the Circuit Court of Crenshaw county, James Thomas Marler, and Andrew Napoleon (alias “Bose”) Bedman, were indicted for tbe murder of William B. Colquitt.

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Indictment for Murder. Appeal from Crenshaw Circuit Court. Tried before Hon. J. K. Henry. At the Spring term, 1879, of the Circuit Court of Crenshaw county, James Thomas Marler, and Andrew Napoleon (alias “Bose”) Bedman, were indicted for tbe murder of William B. Colquitt. Before the trial of the case, Bedman was pronounced insane, by a jury empanneled by the order of tbe court, to try the question of' his sanity, and the court adjudged him insane, and ordered him confined in jail until be could be sent to the State Insane Hospital at Tuscaloosa ; that on his return to sanity, be should be…

1Opinion of the CourtSomeryille, J.

— The main question presented for our consideration in this ease, is the admissibility of the wdtness Roberts’ testimony as to what one Redman had previously sworn on the preliminary investigation before the committing magistrate. Redman had there testified for the State, under the sanction of an oath, subject to a full cross-examination by the defendant. Before the trial in the Circuit Court, in which he was jointly indicted with the appellant, Marler, he became insane, and was so pronounced by the verdict of a jury and the judgment of the court, after which a severance of the case was…

2Cases cited3 opinions

  1. Horton v. StateSupreme Court of Alabama · 1875
  2. Long v. DavisSupreme Court of Alabama · 1851
  3. Smith v. StateSupreme Court of Alabama · 1877

3Cited by58 opinions

  1. Sorrell v. StateSupreme Court of Alabama · 1947
  2. Spicer v. StateSupreme Court of Alabama · 1914
  3. Williams v. StateCourt of Criminal Appeals of Alabama · 1979
  4. Warren v. StateCourt of Criminal Appeals of Oklahoma · 1911
  5. Pate v. StateSupreme Court of Alabama · 1891

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