Mann v. State
Supreme Court of Alabama
Appeal from the City Court- of Mobile. Tried before the Hon. O. J. Semmes. The appellant, Charles B. Mann, was indicted and tried for the murder of David Dickson, was convicted of murder in the second degree, and sentenced to- fifteen years in the penitentiary.
Read the full summary
Appeal from the City Court- of Mobile. Tried before the Hon. O. J. Semmes. The appellant, Charles B. Mann, was indicted and tried for the murder of David Dickson, was convicted of murder in the second degree, and sentenced to- fifteen years in the penitentiary. During the organization of the petit jury for the trial of the .case, George Stewart was drawn as a juror, and in answer to the question propounded to him by the court .answered that he would convict on circumstantial evidence “if the evidence proved the crime 'beyond a doubt.” Thereupon the solicitor asked said Stewart ■the following…
1Opinion of the CourtMoCLELLAN, C. J.
It ivas within the unrevisable discretion of the city court to allow the solicitor to interrogate the venireman George Stewart as shown by the record.
It is difficult to conceive upon what ground an objection to the opening statement of the solicitor as to- what he expects the evidence will show can be predicated. Issue cannot be taken upon the existence of his expectations in that regard: It cannot be asserted in any way that we know of either that he does not expect this or that testimony to be forthcoming, or that, though he believes this or that testimony to be in existence, he does not…
2Cases cited1 opinion
- Miller v. StateSupreme Court of Alabama · 1894
3Cited by35 opinions
- Shadle v. StateSupreme Court of Alabama · 1967
- Morris v. StateSupreme Court of Alabama · 1906
- Peterson v. StateSupreme Court of Alabama · 1933
- Pope v. StateSupreme Court of Alabama · 1911
- Smith v. StateSupreme Court of Alabama · 1904
30 more not listed; retrieve them via the Exa API.