Legal Opinion

Winter v. State

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 31 opinions

Appeal from tlie Tuscaloosa Law and Equity Court. Tried before the Hon. J„ J. Mayfield. The appellant, Burie Winter, was tried under an indictment charging him with murder in the second degree, was convicted of manslaughter in the first degree, and sentenced to the penitentiary for five years.

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Appeal from tlie Tuscaloosa Law and Equity Court. Tried before the Hon. J„ J. Mayfield. The appellant, Burie Winter, was tried under an indictment charging him with murder in the second degree, was convicted of manslaughter in the first degree, and sentenced to the penitentiary for five years. On the case being called for trial and after the State had announced ready, the defendant stated that he was not ready to go to trial and moved the court for a continuance, on the ground of the absence of one Pink Williamson, who was a witness for the defendant and who resided in the county of…

1Opinion of the CourtMcCLELLAN, C. J.

The trial court’s discretion as to granting or refusing continuance was not abused in this case. It not only put the State to an admission of *10wlnit the defendant’s absent witness would testify, but also gave defendant compulsory process to secure the attendance of the witness; and the attachment was ordered in time for the witness to have been brought under it before the trial closed. — White v. State, 86 Ala. 69; Childress v. State, 86 Ala. 77; Davis v. State, 92 Ala. 20; and see also State v. Lee, 22 So. Rep. (La.) 954.

It cannot be said that the age of the deceased at the time of the…

2Cases cited10 opinions

  1. Tidwell v. StateSupreme Court of Alabama · 1881
  2. Childress v. StateSupreme Court of Alabama · 1888
  3. Evans v. StateSupreme Court of Alabama · 1895
  4. Bowles v. StateSupreme Court of Alabama · 1877
  5. Sylvester v. StateSupreme Court of Alabama · 1882

5 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Holsemback v. StateCourt of Criminal Appeals of Alabama · 1983
  2. Jarvis v. StateSupreme Court of Alabama · 1902
  3. Brewer v. StateSupreme Court of Alabama · 1909
  4. Huckabee v. StateSupreme Court of Alabama · 1909
  5. Mitchell v. StateSupreme Court of Alabama · 1900

26 more not listed; retrieve them via the Exa API.

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