Banks v. State
| Decision Date | 05 April 1905 |
| Parties | BANKS v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Jefferson County; S.E. Greene, Sr Judge.
"Not officially reported."
Marshall Banks was convicted of manslaughter, and appeals. Affirmed.
Charge 5: "I charge you, gentlemen of the jury, that before you can convict this defendant each of you must be satisfied to a moral certainty, not only that the proof is consistent with the defendant's guilt, but that it is wholly inconsistent with every other rational conclusion; and, unless each of you is so convinced by the evidence of the defendant's guilt that you would each venture to act upon that decision in matters of high concern and importance to your own interest then you must find the defendant not guilty."
Charge 10: "I charge you, gentlemen of the jury, that if the testimony in this case in its weight and effect be such as that two conclusions can be reasonably drawn from it, the one favoring the defendant's innocence and the other tending to establish his guilt, law, justice, and humanity alike demand that the jury shall adopt the former, and find the accused not guilty."
Charge 12: "I charge you, gentlemen of the jury, that even if you believe from the evidence that the defendant did not act in self-defense, and believe that he had no malice toward the defendant, you may under the evidence convict him of an offense not greater than manslaughter."
Joseph T. Collins, Jr., for appellant.
Massey Wilson, Atty. Gen., for the State.
The defendant, before entering on the trial, moved to quash the venire in the cause on the alleged ground that neither the defendant nor his counsel was served with a copy of the indictment and the venire for his trial one entire day before the day set for trial. The motion being overruled, the defendant objected to going to trial for the same reason which objection was overruled. The ground for this motion and objection were, as appears, that the sheriff addressed the papers to "Marshall Banks, alias 'Long Boy' alias 'High Pockets,' " instead of to "Marshall Banks, alias 'Long Boy' alias 'High Pocket.' " This objection, it will be observed, goes not to the papers themselves nor to any alleged error in them, but alone to the address of the officer who served them on defendant. They are addressed "To Marshall Banks, alias 'Long Boy' alias 'High Pockets,' " but neither in the original indictment nor in the copy served on defendant, is there any variance. In each the alias name is "High Pocket." The defendant was not misled by this clerical error to the sheriff, occurring in the address of the paper.
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Knowles v. Blue
...for the purpose of discrediting or impeaching testimony of such witness. Jones v. McNeil, 2 Bailey (S. C.) 466, 473. In Banks v. State (Ala. Sup. 1905) 39 So. 921, Justice Haralson says of the question under consideration: "It is always permissible for the opposite party to ask a witness ex......
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Oates v. State, 8 Div. 787
...to others about the facts in the case before being called to the witness stand. Boulden v. State, 102 Ala. 78, 15 So. 341; Banks v. State, Ala. 39 So. 921; Smith v. State, 182 Ala. 38, 62 So. 184; Knowles v. Blue, 209 Ala. 27, 95 So. 481; Williams v. State, 18 Ala.App. 573, 93 So. 284; Lake......
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