Simmons v. State
Alabama Court of Appeals
Appeal from Circuit Court, Marion County ; C. P. Almon, Judge. Jim Simmons was convicted of felonious adultery, and he appeals.
1Opinion of the CourtBrown, P. J.
[1] On the former appeal the judgment of the trial court was reversed, and the cause remanded for a new trial, for the sole reason that the proof as disclosed by the record was not sufficient to warrant the defendant’s conviction. Simmons v. State, 78 South. 306. On the second trial the state offered a number of witnesses that were not examined on the first trial. Some of the witnesses offered by the state on the second trial were not before the grand jury that returned the indictment. This fact was made the basis of an objection to their testimony by the defendant. There is no rule of law or…
2Cases cited9 opinions
- Alabama Great Southern Railroad v. BaileySupreme Court of Alabama · 1895
- Brent v. BaldwinSupreme Court of Alabama · 1909
- Brown v. StateSupreme Court of Alabama · 1895
- Daniels v. StateAlabama Court of Appeals · 1915
- Fortner v. StateAlabama Court of Appeals · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Vernon v. StateSupreme Court of Alabama · 1940
- Hall v. StateSupreme Court of Alabama · 1945
- Lindsey v. StateAlabama Court of Appeals · 1946
- Lancaster v. StateAlabama Court of Appeals · 1953
- Lindsey v. StateAlabama Court of Appeals · 1946
2 more not listed; retrieve them via the Exa API.