State v. Cole
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. C. O. Nesmith. From an order admitting C. Henry Cole to bail on a charge of murder in the first degree, the state appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. O. Nesmith. From an order admitting C. Henry Cole to bail on a charge of murder in the first degree, the state appeals. The defendant being under indictment for murder in the first degree, had the burden of producing all the witnesses for tlie state who testified before the grand jury, and of overcoming the presumption of law by legitimate evidence. — Section 6337, Code 1907; Ex parte Robinson, 108 Ala. 161; Ex parte Rhea, 77 Ala. 92; Ex parte Robinson, 86 Ala. 622; Ex parte Champion, 52 Ala. 311; Young v. The State, 155 Ala. 145: In…
1Opinion of the Court
PELHAM, J. —
The rule laid down in McAnally’s Case, 58 Ala.. 495, 25 Am. Rep. 646, by the Supreme Court, through Brickell, C. J., to the effect that, the primary court in proceedings of this nature having the opportunity and advantage of a personal observance of the witness, “it should be clear that it has erred in its judgment, or a revisory court should abstain from interference,” has been uniformly and universally followed and many times approved. This court, after citing McAnally’s Case, in Butler et al. v. State, 1 Ala. App. 265-267, 56 South. 20, 21, said: “On such an inquiry, the…
2Cases cited1 opinion
- Butler v. StateAlabama Court of Appeals · 1911
3Cited by2 opinions
- State v. ClaytonAlabama Court of Appeals · 1950
- State v. FranklinAlabama Court of Appeals · 1914