Beech v. State
Supreme Court of Alabama
Appeal from Circuit Court, Washington County; Ben D. Turner, Judge. Demus Beech was convicted of murder in the first degree, and he appealed. The defendant together with two Lopers .was jointly indicted for killing James M. Turner. The other facts sufficiently appear from the opinion of the court.
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Appeal from Circuit Court, Washington County; Ben D. Turner, Judge. Demus Beech was convicted of murder in the first degree, and he appealed. The defendant together with two Lopers .was jointly indicted for killing James M. Turner. The other facts sufficiently appear from the opinion of the court. The exceptions to the oral charge are in these words: “Defendant excepts to that part of the charge as to alibi, circumstantial evidence, and the duty of the defendant to deny statements made in his presence.” The court erred in- permitting the state to challenge the juror Easley for cause. 161 Ala.…
1Opinion of the CourtBrown, J.
[1] The wife of Juror Easley was the aunt, or, as the record expresses it, “half-aunt,” of the defendant’s wife, and, computing according to the rule of the civil law, the juror was related to the defendant by affinity within the fifth degree, and was subject to challenge for cause. Code 1907, § 7276, subd. 4; Danzey v. State, 126 Ala. 15, 28 South. 697.
Mrs. Turner, the wife of deceased, was examined as a witness in behalf of the state, and testified that on the morning of March 7, 1918, her husband left home about 10 or 15 minutes to 6 o’clock, and she did not See him again until his dead…
2Cases cited3 opinions
- Danzey v. StateSupreme Court of Alabama · 1899
- Cowart v. StateAlabama Court of Appeals · 1917
- Loper v. StateSupreme Court of Alabama · 1920
3Cited by8 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- Pollard v. RogersSupreme Court of Alabama · 1937
- J. R. Watkins Co. v. GoggansSupreme Court of Alabama · 1941
- Hunter v. StateAlabama Court of Appeals · 1955
- Sullivan v. MillerSupreme Court of Alabama · 1932
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