Frazier v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. The appellant was indicted and tried for the murder of one Silas Jones, was convicted of murder in the second degree, and sentenced to the penitentiary for twenty-five years. The facts of the case and the rulings upon the evidence are sufficiently shown in.the opinion.
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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. The appellant was indicted and tried for the murder of one Silas Jones, was convicted of murder in the second degree, and sentenced to the penitentiary for twenty-five years. The facts of the case and the rulings upon the evidence are sufficiently shown in.the opinion. The court erred in not sustaining the motion in arrest of judgment. — Names v. State, 113 Ala. 674 ; Spicer v. State, ,69 Ala. 159 ; Sylvester v. State, 71 Ala. 17. The court erred in overruling the objection of the defendant and allowing the State to…
1Opinion of the CourtHead, J.
The motion in arrest of judgment was properly overruled. The record affirmatively shows that that the prisoner was present at every stage of the proceeding in the trial, court at which the law requires such presence to be so shown by the record. The two grounds Stated in the motion are : 1. That it does not affirmatively appear that he was present, in court, at the time the venire was drawn containing a list of the regular •jurors drawn in said cause; 2, nor at the time the special venire containing a list of special jurors was drawn in said cause.
It was held in Washington v. State, 81 Ala.…
2Cases cited4 opinions
- Green v. StateSupreme Court of Alabama · 1892
- Washington v. StateSupreme Court of Alabama · 1886
- Wiley v. StateSupreme Court of Alabama · 1892
- Hames v. StateSupreme Court of Alabama · 1896
3Cited by5 opinions
- Colson v. StateSupreme Court of Florida · 1906
- Starke v. StateSupreme Court of Florida · 1905
- Richardson v. StateSupreme Court of Alabama · 1906
- Birmingham Bottling Co. v. MorrisSupreme Court of Alabama · 1915
- Kendall v. StateMississippi Supreme Court · 1971