Legal Opinion

Marsh v. State

Alabama Court of Appeals

Decided May 28, 1918No. 4 Div. 548PublishedCited by 8 opinions

Appeal from Circuit Court, Coffee County; A. B. Foster, Judge. Sid Marsh and Rushing Marsh were convicted of arson, and they appeal.

1Opinion of the Court

In the absence of a motion for a severance by one of the defendants, it was within the discretion of the trial court to proceed with the trial of the defendants jointly or severally. Wilkins v. State, 112 Ala. 55, 21 So. 56; Felder v. State, 9 Ala. App. 48,64 So. 162; Code 1907, sec. 7842.

There is no merit in the defendant's objection that he was required to select a jury for his trial from the names on the venire other than the 12 jurors that were engaged in their deliberations in another case at the time. Trammell v. State,1 Ala. App. 83, 55 So. 431; Talley v. State, 174 Ala. 101,57 So.…

2Cases cited12 opinions

  1. Jones v. StateAlabama Court of Appeals · 1915
  2. Patterson v. StateSupreme Court of Alabama · 1911
  3. Gilliland v. Dunn & Co.Supreme Court of Alabama · 1902
  4. Wilkins v. StateSupreme Court of Alabama · 1895
  5. Overstreet v. StateSupreme Court of Alabama · 1871

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Roynica v. StateCourt of Criminal Appeals of Alabama · 1974
  2. Sims v. StruthersSupreme Court of Alabama · 1957
  3. State v. MorrisonIdaho Supreme Court · 1932
  4. Gay v. CummingsAlabama Court of Appeals · 1928
  5. Holland v. StateAlabama Court of Appeals · 1932

3 more not listed; retrieve them via the Exa API.

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