Ex parte Baxley

Decision Date20 October 1921
Docket Number4 Div. 960
Citation206 Ala. 698,90 So. 925
CourtAlabama Supreme Court
PartiesEx parte BAXLEY. BAXLEY v. STATE.

Certiorari to Court of Appeals

Farmer, Merrill & Farmer, of Dothan, for petitioner.

Harwell G. Davis, Atty. Gen., for appellee.

PER CURIAM.

Petition of Joe Baxley for certiorari to the Court of Appeals to review and revise the judgment and decision of said court rendered on the appeal of Joe Baxley v. State, 90 So. 434. Writ denied.

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18 cases
  • Killingsworth v. State, No. CR-06-0854 (Ala. Crim. App. 11/13/2009)
    • United States
    • Alabama Court of Criminal Appeals
    • November 13, 2009
    ... ... prejudice the appellant may raise. See Ex parte Kennedy , 472 So. 2d 1106 (Ala. 1985). Rule 45A, Ala. R. App. P., provides: ...         "In all cases in which the death penalty has been ... cases must rest with the trial judge, and appellate courts will not interfere with this discretion, so long as no abuse of power is shown.' Baxley v. State , 18 Ala. App. 277, 279, 90 So. 434, 435, cert, denied, 206 Ala. 698, 90 So. 925 (1921) ... " ...         In this case, the record ... ...
  • McNair v. State
    • United States
    • Alabama Court of Criminal Appeals
    • July 24, 1992
    ... ... Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and Ex parte Branch, 526 So.2d 609 (Ala.1987) ...         There were 64 members of the venire from which the jury was selected. R. 612. Eighteen of ... cases must rest with the trial judge, and appellate courts will not interfere with this discretion, so long as no abuse of power is shown." Baxley v. State, 18 Ala.App. 277, 279, 90 So. 434, 435, cert. denied, 206 Ala. 698, 90 So. 925 (1921) ... B. Death Penalty ...         Four ... ...
  • Turner v. State
    • United States
    • Alabama Court of Criminal Appeals
    • November 22, 2002
    ... ... "The right to a speedy trial is triggered when a criminal prosecution has begun." Ex parte Carrell, 565 So.2d 104, 107 (Ala.1990), cert. denied, 498 U.S. 1040, 111 S.Ct. 712, 112 L.Ed.2d 701 (1991). To trigger an examination of the ... cases must rest with the trial judge, and appellate courts will not interfere with this discretion, so long as no abuse of power is shown.' Baxley v. State, 18 Ala.App. 277, 90 So. 434, 435, cert. denied, 206 Ala. 698, 90 So. 925 (1921)." ... Page 753 ...          McNair v. State, ... ...
  • Killingsworth v. State
    • United States
    • Alabama Court of Criminal Appeals
    • January 29, 2010
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