Gilbert v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Court. Heard before Hon. William E. Foet. From a conviction of manslaughter, Gilbert appeals.
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Appeal from Jefferson Criminal Court. Heard before Hon. William E. Foet. From a conviction of manslaughter, Gilbert appeals. The matter of continuance was within the discretion of the trial court, and not revisable on appeal. — House v. The State, 139 Ala. 132; Terry v. The State, 120 Ala. 287; Walker v. The State, 117 Ala. 85. Counsel discuss the charges refused,- and cite authority in support of their contention that they were properly refused, but in view of what is said in the opinion, it is not deemed necessary to here set them out.
1Opinion of the CourtPELHjAM, J.
The trial court’s action in overruling the defendant’s motion for a continuance on account of absent witnesses was a matter resting in the sound discretion of the court-. No abuse is shown of the discretion and therefore no error was committed in denying the motion.—House v. State, 139 Ala. 132, 135; Terry v. State, 120 Ala. 287, 292; Walker v. State, 117 Ala. 85, 87; Carr v. State, 104 Ala. 4, 14; Lowery v. State, 98 Ala. 45, 50; Walker v. State, 91 Ala. 76, 79; White v. State, 86 Ala. 69, 74; De Armon v. State, 77 Ala. 10, 15; Starr v. State, 25 Ala. 49, 51.
The charges set out as requested…
2Cases cited14 opinions
- Walker v. StateSupreme Court of Alabama · 1890
- Walker v. StateSupreme Court of Alabama · 1897
- White v. StateSupreme Court of Alabama · 1888
- Carr v. StateSupreme Court of Alabama · 1893
- DeArman v. StateSupreme Court of Alabama · 1884
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3Cited by7 opinions
- Harris v. StateCourt of Criminal Appeals of Alabama · 1982
- Jarvis v. StateSupreme Court of Alabama · 1930
- Morrow v. StateAlabama Court of Appeals · 1923
- Castona v. StateAlabama Court of Appeals · 1920
- Traylor v. StateAlabama Court of Appeals · 1924
2 more not listed; retrieve them via the Exa API.