Sanderson v. State
Supreme Court of Alabama
Appeal from Madison Law and Equity Court. Heard before Hon. Tancred Betts. William Sanderson was convicted of assault and battery, and he appeals.
Read the full summary
Appeal from Madison Law and Equity Court. Heard before Hon. Tancred Betts. William Sanderson was convicted of assault and battery, and he appeals. The bill of exceptions sets out that the case was originally set for trial on October 14, 1909; but, the defendant failing to answer, his bail was declared forfeited, and an alias capias was issued for his rearrest, returnable instanter, find at the instance of the defendant’s counsel attachments were issued for four witnesses, naming them, each of whom had been previously served with a subpoena to attend by the sheriff, and said attachments were…
1Opinion of the CourtMcCLELLAN, J.
The right of a defendant in a criminal prosecution “to have compulsory process for obtaining witnesses in his favor” (Const. 1901, § 6) was thus explained and defined in Childress v. State, 86 Ala. 77, 83, 84, 5 South. 775, 777: “The object and meaning of the constitutional guaranty is that the court will exercise its powers, by the processes usual and known to the law, to compel the attendance of witnesses on behalf of the accused. It does not operate to take from the court the discretion as to granting or refusing continuances, or the authority to adopt proper means for ascertaining whether…
2Cases cited9 opinions
- Brown v. StateSupreme Court of Alabama · 1895
- Childress v. StateSupreme Court of Alabama · 1888
- Martin v. StateSupreme Court of Alabama · 1899
- Walker v. StateSupreme Court of Alabama · 1897
- Winter v. StateSupreme Court of Alabama · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Dennison v. StateAlabama Court of Appeals · 1921
- Burns v. StateSupreme Court of Alabama · 1932
- Peterson v. StateSupreme Court of Alabama · 1936
- Cagle v. StateSupreme Court of Alabama · 1924
- Jarvis v. StateSupreme Court of Alabama · 1930
17 more not listed; retrieve them via the Exa API.