Wells v. State
Supreme Court of Alabama
Appeal from Madison County Court. Heard before Hon. W. T. Lawler. The defendant was indicted at the February term, 1905, of the Madison Circuit court for disturbing an an assemblage of people met for a religious worship. The case was returnable to the county court of said Madison county and was tried.
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Appeal from Madison County Court. Heard before Hon. W. T. Lawler. The defendant was indicted at the February term, 1905, of the Madison Circuit court for disturbing an an assemblage of people met for a religious worship. The case was returnable to the county court of said Madison county and was tried. The facts are sufficiently stated, and it is admitted that these are the facts, in the following motion made by defendant: “Comes the defendant, John Wells, and moves the court to discharge him from custody for the following reasons: On August 5, 1905, after that a jury had been impaneled and…
1Opinion of the CourtAnderson, J.
In all criminal cases the verdict of the jury must be rendered in open court and in the presence of the accused. In cases of felony the prisoner must be personally present when the jury return their verdict, and to support a conviction the record must affirmatively declare his presence. — Hughes’ case, 2 Ala. 102, 36 Am. Dec. 411; Eliza's Case, 39 Ala. 693; Waller’s Case, 40 Ala. 326. And in a case of felony it is error to allow the verdict to- be received by the clerk during a recess of the court in the absence of the prisoner, even though this be done with the consent of his counsel.—…
2Cases cited6 opinions
- Ned v. StateSupreme Court of Alabama · 1838
- State v. HughesSupreme Court of Alabama · 1841
- Cook v. StateSupreme Court of Alabama · 1877
- Brown v. StateSupreme Court of Alabama · 1879
- Hayes v. StateSupreme Court of Alabama · 1894
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3Cited by14 opinions
- Ex Parte BurtonSupreme Court of Alabama · 1994
- Lee v. StateAlabama Court of Appeals · 1943
- Berness v. StateSupreme Court of Alabama · 1955
- Lee v. StateSupreme Court of Alabama · 1943
- State v. WaySupreme Court of Kansas · 1907
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