Smith v. State
Supreme Court of Alabama
Murder. Appeal from DeEalb Circuit Court. Heard before I-Ion. W. W. Haralson. O. Z. Smitli was convicted of murder in the second degree, and he appeals. The following charges were given at the request of the state: “(1) Defendant is a competent witness in his own behalf; yet, in considering his testimony, you would be authorized to weigh it in the light of the interest lie has in the result of your verdict, together with all the testimony in the case.
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Murder. Appeal from DeEalb Circuit Court. Heard before I-Ion. W. W. Haralson. O. Z. Smitli was convicted of murder in the second degree, and he appeals. The following charges were given at the request of the state: “(1) Defendant is a competent witness in his own behalf; yet, in considering his testimony, you would be authorized to weigh it in the light of the interest lie has in the result of your verdict, together with all the testimony in the case. “(2) You are the sole judges as to the weight that should be given to all the testimony in the case. “(3) It is not a mere doubt that…
1Opinion of the Court
EVANS, J.-
— The defendant was indicted, at the fall term, 1909, of the circuit court of Dé Kalb county, for the offense of murder in the first degree. On the 23d day of August, 1909, the defendant was duly arraigned according to law, and pleaded “not guilty.” Monday, the 30th day of August, 1909, was regularly set as the day for the trial of defendant, and 30 special jurors were drawn in all respects as the law directs for the trial of the case. The orders of the court were in all respects regular and in accordance with the law. On the day set for the trial, the defendant objected to being…
2Cases cited5 opinions
- Roberts v. StateSupreme Court of Alabama · 1880
- Hubbard v. StateSupreme Court of Alabama · 1882
- Cooper v. StateSupreme Court of Alabama · 1889
- Burrage v. StateSupreme Court of Alabama · 1896
- Elmore v. StateSupreme Court of Alabama · 1893
3Cited by24 opinions
- Stephens v. StateSupreme Court of Alabama · 1947
- Mitchell v. StateAlabama Court of Appeals · 1916
- Gardner v. StateAlabama Court of Appeals · 1920
- Kelley v. StateSupreme Court of Alabama · 1933
- Pearce v. StateAlabama Court of Appeals · 1916
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