Rogers v. State
Supreme Court of Alabama
Appeal from Randolph Circuit Court. Tried before Hon. H. D. Clayton. The appellant, Henry Rogers, was indicted for the murder of one James P. Brazeale. The material facts may be thus stated : On the 26th day of August,§1876, one T. E. Heard, a justice of the peace, issued two warrants of arrest for the appellant, one of them for an assault with a gun, and the other for an assault with intent to murder.
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Appeal from Randolph Circuit Court. Tried before Hon. H. D. Clayton. The appellant, Henry Rogers, was indicted for the murder of one James P. Brazeale. The material facts may be thus stated : On the 26th day of August,§1876, one T. E. Heard, a justice of the peace, issued two warrants of arrest for the appellant, one of them for an assault with a gun, and the other for an assault with intent to murder. One J ames Burson was deputized to execute both warrants, and he summoned, as a posse to assist in the arrest, John Burson, William Thompson, Alexander Owens, J. R. Owens, and James P.…
1Opinion of the CourtStone, J.
On two points, the judgment of conviction in the present case must be reversed. The testimony given by Warren Tally, that the officer, charged with the duty of making the arrest, summoned him and Jack Green to help arrest the defendant, could not have influenced the conduct or motives of the accused — especially, as the fact of such summons is not shown to have been communicated to the prisoner. We cannot know what influence this testimony may have exerted on the minds of the jurors; and, by an inexorable rule, this must work a reversal of the case. — Campbell v. The State, 23 Ala. 54 ;…
2Cases cited10 opinions
- Ward v. StateSupreme Court of Alabama · 1856
- Carroll v. StateSupreme Court of Alabama · 1853
- Dupree v. StateSupreme Court of Alabama · 1859
- Lewis v. StateSupreme Court of Alabama · 1874
- Ex parte WalkerSupreme Court of Alabama · 1854
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3Cited by10 opinions
- People v. O'BrienCalifornia Supreme Court · 1892
- Roberts v. StateSupreme Court of Alabama · 1880
- Cleveland v. StateSupreme Court of Alabama · 1888
- Karr v. StateSupreme Court of Alabama · 1893
- State v. BarberIdaho Supreme Court · 1907
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