Henderson v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Will Henderson was convicted of burglary and he appeals. Counsel insists that the court will not take judicial knowledge that Birmingham was in Jefferson county, and that the venue was not otherwise proven, and hence, the defendant was entitled to the affirmative charge.
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Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Will Henderson was convicted of burglary and he appeals. Counsel insists that the court will not take judicial knowledge that Birmingham was in Jefferson county, and that the venue was not otherwise proven, and hence, the defendant was entitled to the affirmative charge. There was sufficient evidence from which it could be inferred that the crime alleged was committed in Jefferson county. — Ciarle v. State, 78 Ala. 474.
1Opinion of the Court
WALKER, R J.
The action of the trial court in excepting the witness Stafford from the operation of the rule which had been invoked to require the wit*155nesses to be examined ont of the hearing of each other does not constitute a, ground of reversal. That was a matter resting in the discretion of the trial court, and its action in that regard, certainly in the absence of any appearance of an abuse of discretion, is not subject to review on appeal.—McLean v. State, 16 Ala. 672; Montgomery v. State, 40 Ala. 648; Ryan v. Couch, 66 Ala. 244.
Instead of the record in this case indicating that there was…
2Cases cited4 opinions
- Pickens v. StateSupreme Court of Alabama · 1896
- McLean v. StateSupreme Court of Alabama · 1849
- Ryan v. CouchSupreme Court of Alabama · 1880
- Ex parte AndrewsSupreme Court of Alabama · 1867
3Cited by2 opinions
- Ledbetter v. StateAlabama Court of Appeals · 1948
- Edgil v. StateAlabama Court of Appeals · 1952