Legal Opinion

Baxley v. State

Alabama Court of Appeals

Decided June 30, 1921No. 4 Div. 701PublishedCited by 28 opinions

Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Joe Baxley and Luther Folkes were jointly indicted for the murder of one S. B. Sanders, and Joe Baxley was found guilty of manslaughter and Luther Folkes guilty of assault and battery, and from the judgment Joe Baxley appeals.

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Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Joe Baxley and Luther Folkes were jointly indicted for the murder of one S. B. Sanders, and Joe Baxley was found guilty of manslaughter and Luther Folkes guilty of assault and battery, and from the judgment Joe Baxley appeals. After testifying as to conditions as he found them at the place of the homicide and as to the position of the body of the deceased, the witness Tatum was asked, “What did you see under the base shelf of the store?” and the witness answered, over the objection of the defendant, “I saw blood where it was…

1Opinion of the Court

On the trial, and while the jury was being organized, the trial judge examining the jurors called to try the case, on their voir dire, after asking the usual questions suggested by the statute, asked each juror in turn the following question: "Has Henry Nichols or Chilton Napier, either one, spoken to you in regard to this case, or spoken to you at all about it?" The defendant made known to the court at the time that Napier was a witness summoned in his behalf, and objected to the question and excepted to the action of the court in overruling his objection.

The record does not disclose the…

2Cases cited13 opinions

  1. Lester v. StateSupreme Court of Florida · 1896
  2. Segars v. StateSupreme Court of Alabama · 1888
  3. Savage v. BenhamSupreme Court of Alabama · 1849
  4. Hubbard v. StateSupreme Court of Florida · 1896
  5. McDaniels v. StateSupreme Court of Alabama · 1909

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

3Cited by28 opinions

  1. Wilson v. StateAlabama Court of Appeals · 1942
  2. McNair v. StateCourt of Criminal Appeals of Alabama · 1992
  3. Vernon v. StateSupreme Court of Alabama · 1940
  4. Barbee v. StateCourt of Criminal Appeals of Alabama · 1981
  5. Bringhurst v. StateAlabama Court of Appeals · 1945

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

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