Ex parte State

Decision Date06 October 1924
Docket Number6 Div. 267.
PartiesEX PARTE STATE. v. STATE. WELLS
CourtAlabama Supreme Court

Certiorari to Court of Appeals.

Harwell G. Davis, Atty. Gen., and Jim Davis, Sol. Tenth Circuit, of Birmingham, for petitioner.

John W. Altman and J. K. Taylor, both of Birmingham, opposed.

PER CURIAM.

James Walter Wells was convicted of an offense and appealed to the Court of Appeals, and the judgment of conviction being there reversed, the state petitions for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in the case of Wells v. State, 101 So. 624.

Writ denied.

ANDERSON, C.J., and SAYRE, GARDNER and MILLER, JJ., concur.

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3 cases
  • White v. State
    • United States
    • Alabama Court of Appeals
    • January 28, 1964
    ... ...         Refused charge 9 was verbatim charge 1 in Bowen v. State, supra. The theory that some other person did the deed is misleading where, as in the case of instant concern, there is a tendency of the evidence to show that the defendant had accomplices. Ex parte Hill, 211 Ala. 311, 100 So. 315; Skumro v. State, 234 Ala. 4, 170 So. 776 (charge K) ...         The giving of charge 7--from charge 4 in James v. State, supra--removed any need for refused charge 12 ...         Charge 13 refused comes from Gilmore v. State, 99 Ala. 154, 13 ... ...
  • Smith v. State
    • United States
    • Alabama Supreme Court
    • January 24, 1946
    ...States, 218 U.S. 245, 31 S.Ct. 2, 54 L.Ed. 1021, 20 Ann.Cas. 1138) as to his identity, that question is foreclosed in Alabama by the Wells case, supra. With legal status before defendant's counsel, it was up to him to decide whether he should put defendant on the stand as a witness. The def......
  • Burks v. State
    • United States
    • Alabama Supreme Court
    • January 23, 1941
1 books & journal articles
  • Self-incrimination - what can an accused person be compelled to do?
    • United States
    • Journal of Criminal Law and Criminology Vol. 89 No. 4, June 1999
    • June 22, 1999
    ...16 Ga. App. 848, 86 S. E. 1076 (1913). (35) State v. Jacobs, 50 N. C. 259 (1858). (36) Wells v. State, 20 Ala. App. 240, 101 Sc.. 624, 211 Ala. 616, 101 So. 626 (1924). Also see Williams v. State, 98 Ala. 52, 13 So. 333 (37) For a discussion of the variance in the wording of the privilege i......

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