Hawkins v. State
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lowndes. The plaintiff in error was indicted, together with Reuben Harrison and Richard K. Harrison, for an assault and battery upon the body of Robert J. Lawrence, with intent to kill and murder, &c.
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Writ of Error to the Circuit Court of Lowndes. The plaintiff in error was indicted, together with Reuben Harrison and Richard K. Harrison, for an assault and battery upon the body of Robert J. Lawrence, with intent to kill and murder, &c. R. K. Harrison, and Hawkins having pleaded “not guilty,” were tried by a jury, who returned a verdict of guilty, as to the latter, and acquitted the former; whereupon judgment was rendered accordingly, and Hawkins was adjudged to five years imprisonment in the penitentiary, and the payment of costs. On the trial, certain, legal questions were reserved by…
1Opinion of the CourtCollier, C. J.
The 55th section of the 10th chapter of the penal code, among other things provides, that “ on a trial for any penitentiary offence, the accused shall be allowed'fifteen peremptory challenges.” [Clay’s Dig. 459.] This enactment, it is insisted, makes it imperative upon the court, where several are charged in the same indictment, with a crime of the grade of that designated, to allow to each of the defendants a separate trial.
At the common law, it must be conceded, that it was discretionary with the court, in such cases, to direct or refuse a severance.
The precise ground upon which the right…
2Cases cited1 opinion
- Bixbee v. StateOhio Supreme Court · 1833
3Cited by15 opinions
- Brister v. StateSupreme Court of Alabama · 1855
- Holsemback v. StateCourt of Criminal Appeals of Alabama · 1983
- Ballard v. StateSupreme Court of Florida · 1893
- Jackson v. StateSupreme Court of Alabama · 1893
- Maton v. PeopleIllinois Supreme Court · 1854
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