Moss v. State
Supreme Court of Alabama
Murder. Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Jim Moss was convicted of homicide and appeals. The facts and matters complained of as error are sufficiently stated in the opinion of the conrt.
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Murder. Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Jim Moss was convicted of homicide and appeals. The facts and matters complained of as error are sufficiently stated in the opinion of the conrt. The Constitution guarantees to the accused the right to have compulsory process for obtaining witnesses in its favor and the body was clearly competent as evidence. — 1 Elliot on Evidence, Sec. 24; 2 Elliott on Evidence, Sec. 689-691. To hold otherwise would be to defeat the plain ends of the Constitution. — Priggs v. Commonwealth, 16 Peters, 612; Thompson v. C. C. R. '& B.…
1Opinion of the CourtHaralson, J.
Before the trial, the defendant moved the court for an order requiring the sheriff to have and produce at the trial, the skull of the deceased, to be used as evidence, there being a dispute in the case as to whether or not the deceased was killed by a shot fired from a 44-caliber pistol belonging to defendant, which the evidence tended to show. It was shown, that the body of deceased had been buried in a public graveyard at Antioch Church, near Notasulga, in Macon county. It was further shown that before the burial, two reputable physicians, Dr. J. C. Baldwin and Dr. W. S. Ward, carefully…
2Cases cited8 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Young v. StateSupreme Court of Alabama · 1881
- Kennedy v. StateSupreme Court of Alabama · 1888
- Morris v. StateSupreme Court of Alabama · 1899
- Carden v. StateSupreme Court of Alabama · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. AtwoodArizona Supreme Court · 1992
- Ex parte DavisSupreme Court of Alabama · 1913
- Payne v. StateSupreme Court of Alabama · 1954
- Davis v. StateAlabama Court of Appeals · 1913
- Washington v. StateSupreme Court of Alabama · 1959
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