Clemons v. State
Alabama Court of Appeals
Appeal from Circuit Court, Cullman County; Robert C. Brickell, Judge. Oscar Clemons was convicted of seduction, and be appeals.
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Appeal from Circuit Court, Cullman County; Robert C. Brickell, Judge. Oscar Clemons was convicted of seduction, and be appeals. The court erred in excluding everybody from the courtroom. 157 Ala. 411, 47 South. 590; 71 N. W. 491; 16 C. J. 807; 8 R. C. L. 75-77. The court erred in not granting new trial on the affidavit of the juror. 103 Ala. 94, 15 South. 893; 16 C. J. 1079, 1162; 169 Ala. 552, 53 South. 803. Counsel discuss other assignments of error, but without further citation of authority.
1Opinion of the CourtMerritt, J.
[1] The appellant was tried and convicted in the circuit court of Cull-man county for the offense of seduction, and sentenced to the penitentiary “for a' period of not less than five nor more than ten years.” After the jury had been impelled to try the defendant, the court instructed the sheriff to exclude from the courtroom “all persons except those interested in the trial of the case and the court officers,” To this action of the court the defendant' reserved an exception, claiming that the defendant was entitled to a public trial, as is provided for in section 6 of the Constitution of 1901.
2Cases cited10 opinions
- People v. HartmanCalifornia Supreme Court · 1894
- People v. MurrayMichigan Supreme Court · 1891
- People v. HallAppellate Division of the Supreme Court of the State of New York · 1900
- Robertson v. StateSupreme Court of Florida · 1912
- People v. SwaffordCalifornia Supreme Court · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. ByrnesCalifornia Court of Appeal · 1948
- Wade v. StateSupreme Court of Alabama · 1921
- Wade v. StateAlabama Court of Appeals · 1921
- Melvin v. StateAlabama Court of Appeals · 1944
- Early v. StateAlabama Court of Appeals · 1963
2 more not listed; retrieve them via the Exa API.