Arnett v. State
| Decision Date | 12 May 1932 |
| Docket Number | 4 Div. 608. |
| Citation | 141 So. 699,225 Ala. 8 |
| Parties | ARNETT v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Geneva County; H. A. Pearce, Judge.
Francis alias Frank, Arnett was convicted of murder in the second degree, and she appeals.
Affirmed.
E. C Boswell, of Geneva, for appellant.
Thos E. Knight, Jr., Atty. Gen., and Jas. L. Screws, Asst. Atty Gen., for the State.
The safe practice in felony trials is not to permit the jury to depart from the presence of the court even on adjournment unless attended by a sworn officer, and not to permit them to separate even then. Robbins v. State, 49 Ala. 394; Williams v. State, 45 Ala. 57; Bell v. State, 140 Ala. 57, 37 So. 281; 16 Corpus Juris, 1078.
But such separation pending a trial is said to be not necessarily ground for a new trial, but is sufficient to show a prima facie right to it, and the burden is upon the state, after such separation is shown, to prove that the jurors conversed with no one affecting the prisoner's guilt, and that no other influences were exerted which may have biased their deliberations. Butler v. State, 72 Ala. 179; Davis v. State, 209 Ala. 409, 96 So. 187; Thompson v. State, 23 Ala. App. 565, 129 So. 297.
As a general rule after a felony, and especially a capital case, has been finally submitted to the jury, and they have retired to consider their verdict, they must be kept together usually in charge of a sworn officer, and not permitted to separate where any harm could possibly come to defendant; but the court may permit a short separation of one or more of such jurors for a necessary purpose, and when accompanied by such officer, and there should be no communication with any one while so separated. 16 Corpus Juris, 1078, and cases cited.
The jury were sent to the hotel about 10 o'clock at night in charge of the sheriff to retire for the night after the case was given them by the court, and he had engaged the assistance of one said to be a city officer to assist in serving them during their retirement. Five of the jurors had parked their cars on the streets of the town not far removed from the hotel. After they all had repaired to the hotel for the night, by permission of the court, these five accompanied by the officer in charge of them, above mentioned, left the others at the hotel and together they went to a corner drug store near by, and from there they separated, and each went to his car near by and drove it back to the hotel, having lined up with the officer in one of them. At the hotel, they were accommodated for the night by having...
To continue reading
Request your trial
-
Kuenzel v. State
...of one or more of such jurors for a necessary purpose, ... when accompanied by such officer [in charge of the jury]." Arnett v. State, 225 Ala. 8, 9, 141 So. 699 (1932). We find no basis for error in this The defendant argues that certain instructions of the trial judge at the guilt phase o......
-
White v. State
...So.2d 536 (1969). The court supervises all trial proceedings so that the rights of neither party shall be prejudiced. Arnett v. State, 225 Ala. 8, 9, 141 So. 699 (1932). "The trial judge is not present to aid either party in the lawsuit and certainly under no duty to do so. He is the arbite......
-
Beauregard v. State
...on the jury or any of its members which Might have biased their deliberations. Lynn v. State, 250 Ala. 384, 34 So.2d 602; Arnett v. State, 225 Ala. 8, 141 So. 699." King v. State, 266 Ala. 232, 236, 95 So.2d 816, 819 (1957). (Emphasis get their clothes and take care of other business. A dep......
-
Simpson v. State
...is there a hint of any outside influence on or contact with the jury. (See: § 12-16-10; Code of Ala. 1975). Relying on Arnett v. State, 225 Ala. 8, 141 So. 699 (1932) appellant also says that it was reversible error for the trial court to permit the jury to leave the court escorted by an un......