Legal Opinion

Roberson v. State

Supreme Court of Alabama

Decided June 30, 1909PublishedCited by 57 opinions

Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Cleve Roberson was convicted of murder in the second degree, and he appeals. The following charges were requested by and refused to the defendant: “(1) In determining what weight or credit, if any, you will give to the testimony of Lulu Ward, you may consider the fact, if it be a fact, along with all the other evidence,' that she was the mother of the deceased, Foy Ward.

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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Cleve Roberson was convicted of murder in the second degree, and he appeals. The following charges were requested by and refused to the defendant: “(1) In determining what weight or credit, if any, you will give to the testimony of Lulu Ward, you may consider the fact, if it be a fact, along with all the other evidence,' that she was the mother of the deceased, Foy Ward. (2) The court charges the jury that, in connection with the other evidence in the case, you may consider the fact that Lulu Ward was the mother of deceased,…

1Opinion of the CourtMayfield, J.

The defendant was indicted for murder in the first degree, and was convicted and sentenced for murder in the second degree. The special venire for the trial Avas drawn on Saturday, and the trial was set for the folloAving Tuesday. All the orders of the court for the trial and venire appear to be regular. The sheriff served a copy of the venire on the defendant at 7 o’clock on the evening it was drawn, but no copy of the indictment at thjat time; but on Sunday he did serve the defendant with a copy of the indictment. This was a sufficient compliance with the statute (section 7840 of the Code…

2Cases cited2 opinions

  1. Barnett v. StateSupreme Court of Alabama · 1887
  2. Mitchell v. StateSupreme Court of Alabama · 1901

3Cited by57 opinions

  1. Johnson v. StateCourt of Criminal Appeals of Alabama · 1989
  2. Parsons v. StateSupreme Court of Alabama · 1948
  3. Harris v. StateCourt of Criminal Appeals of Alabama · 1987
  4. Wilson v. StateCourt of Criminal Appeals of Alabama · 1999
  5. Cox v. StateCourt of Criminal Appeals of Alabama · 1991

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