Legal Opinion

Kroell v. State

Supreme Court of Alabama

Decided November 15, 1903PublishedCited by 19 opinions

Appeal from the Circuit Court of Shelby. Tried before the Hon. A. H. Alston. The appellant in this case, Frank Kroell, was indicted and tried for the murder of Walter S. Cary, was convicted of murder in the second degree, and sentenced to the penitentiary for 36 years. When the defendant was arraigned, he pleaded “not guilty” and the statutory plea of “not guilty by reason of insanity.”

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Appeal from the Circuit Court of Shelby. Tried before the Hon. A. H. Alston. The appellant in this case, Frank Kroell, was indicted and tried for the murder of Walter S. Cary, was convicted of murder in the second degree, and sentenced to the penitentiary for 36 years. When the defendant was arraigned, he pleaded “not guilty” and the statutory plea of “not guilty by reason of insanity.” When the case was called for trial the defendant’s counsel announced that he was not,ready and moved for a continuance, because of the absence of Doctors J. T. Searcy and W. D. Partiow, Superintendent and…

1Opinion of the CourtMcCLELLAN, C. J.

— The defendant’s motion for a continuance was addressed to the sound discretion of the court. The action of the court upon it is not reviewable here, certainly not in the absence of a showing that the court abused its discretion in denying the motion. So far from such showing being made, the record before us would require our concurrence in the ruling of the trial court even if the matter were not one for the exercise of its discretion.

What we have just said applies also to the refusal of the court to put the State to an admission of what Doctors Searcy and Partlow would testify. On the…

2Cases cited4 opinions

  1. Lide v. StateSupreme Court of Alabama · 1901
  2. Mayberry v. StateSupreme Court of Alabama · 1894
  3. Longmire v. StateSupreme Court of Alabama · 1900
  4. Porter v. StateSupreme Court of Alabama · 1902

3Cited by19 opinions

  1. Knowles v. BlueSupreme Court of Alabama · 1923
  2. Braham v. StateSupreme Court of Alabama · 1904
  3. Weatherford v. StateCourt of Criminal Appeals of Alabama · 1979
  4. Pace v. Louisville & Nashville RailroadSupreme Court of Alabama · 1910
  5. Bridges v. StateSupreme Court of Alabama · 1932

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