Thomas v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Court. Heard before Hon. A. H. Alston. Mack Thomas was convicted of assault with intent to murder, and he appeals. The bill of exception shows the absence of Nettie Longstreet, a witness for defendant, who had been served with subpoena to appear at the trial, and that defendant moved the court not to place him upon trial, and to cause an attachment to issue for said witness.
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Appeal from Jefferson Criminal Court. Heard before Hon. A. H. Alston. Mack Thomas was convicted of assault with intent to murder, and he appeals. The bill of exception shows the absence of Nettie Longstreet, a witness for defendant, who had been served with subpoena to appear at the trial, and that defendant moved the court not to place him upon trial, and to cause an attachment to issue for said witness. The court interrogated the attorney, and learned that it had been discovered by defendant about two hours before the calling of the case that the witness had not come in, that counsel did…
1Opinion of the CourtBrown, J.
On re-examination of the question presented in this case, we hold that Const. 1901, § 6, guaranteeing to the accused in a criminal prosecution “compulsory process for obtaining witness in his favor,” not only entitles him to the ordinary preliminary process of subpoena, but, on proper showing of due diligence exercised by him in his own behalf, he is entitled to the extraordinary process of attachment. These are the processes “usual and known to the law” to compel the attendance of witnesses. — Bush v. State, 168 Ala. 81, 53 South. 266; Childress v. State, 86 Ala. 84, 5 South. 775; Walker v.…
2Cases cited6 opinions
- Childress v. StateSupreme Court of Alabama · 1888
- Walker v. StateSupreme Court of Alabama · 1897
- Sanderson v. StateSupreme Court of Alabama · 1910
- Brand v. StateAlabama Court of Appeals · 1915
- Graham v. StateSupreme Court of Arkansas · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Crowe v. StateCourt of Criminal Appeals of Alabama · 1984
- Weaver v. StateCourt of Criminal Appeals of Alabama · 1981
- Lumpkin v. StateAlabama Court of Appeals · 1923
- McConico v. StateCourt of Criminal Appeals of Alabama · 1984
- Vinet v. StateAlabama Court of Appeals · 1955
9 more not listed; retrieve them via the Exa API.