Ex parte Mayfield
Supreme Court of Alabama
This was a motion by John Mayfield, to establish a bill of exceptions, which he claimed to have reserved during his trial at a late term of the Circuit Court of Lauderdale, Hon. W. B. Wood presiding, and which the presiding judge refused to examine or sign, on objection by the solicitor, because it was not presented for his signature before the adjournment of the court, and the solicitor had not consented in writing that it might be signed after the adjournment.
Read the full summary
This was a motion by John Mayfield, to establish a bill of exceptions, which he claimed to have reserved during his trial at a late term of the Circuit Court of Lauderdale, Hon. W. B. Wood presiding, and which the presiding judge refused to examine or sign, on objection by the solicitor, because it was not presented for his signature before the adjournment of the court, and the solicitor had not consented in writing that it might be signed after the adjournment. The said Mayfield was indicted and tried, jointly with one Alexander Jones, for the murder of one Tobe Irvine; and on the trial he…
1Opinion of the CourtStone, J.
I myself would prefer to hold that, under section 3113, Code of 1876, the agreement signed by counsel who was employed to aid in the prosecution of the defendants, was a sufficient “ consent or agreement of counsel in writing,” to authorize the presiding judge to consider and sign a bill of exceptions after the adjournment of the term. My brothers, however, think that only the solicitor — the law officer, whose duty it is to prosecute in behalf of the State— can give such consent, or enter into such agreement. There are strong reasons of public policy in favor of their views.
On the merits of…
2Cases cited9 opinions
- Chapman v. HoldingSupreme Court of Alabama · 1875
- Garlington v. JonesSupreme Court of Alabama · 1861
- Tuskaloosa County v. LoganSupreme Court of Alabama · 1874
- Wood's Adm'r v. BrownSupreme Court of Alabama · 1845
- Strawbridge v. StateSupreme Court of Alabama · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Taylor v. StateSupreme Court of Alabama · 1930
- Blake v. HarlanSupreme Court of Alabama · 1883