Felder v. State
| Decision Date | 13 January 1914 |
| Citation | 64 So. 162,9 Ala.App. 48 |
| Parties | FELDER v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Lowndes County; A.E. Gamble, Judge.
Hop Felder was convicted of arson, and he appeals. Affirmed.
R.C. Brickell, Atty. Gen., and W.L. Martin, Asst. Atty. Gen., for the State.
The defendant appeals from a judgment of conviction of arson in the second degree rendered by the circuit court on August 27, 1913. The transcript contains no bill of exceptions, and the time for presenting and having a bill signed has expired.
The defendant was jointly indicted with Walter Jones, William Cowling, and Stephen Wagner. On July 29, 1912, the jointly indicted William Cowling demanded and was granted a severance. Subsequently, on August 26, 1913, the prosecution was abated as to Jones because of his death, and, on the motion of the state, a severance was granted as to this defendant and Stephen Wagner against the objection of the defendant. In this there was no error. There was no inherent right in the defendant to demand a joint trial with his codefendant Wagner (Wilkins v. State, 112 Ala. 55, 21 So. 56), and the manifest intent of the statute (Code, § 7842) is to give to a defendant jointly indicted with others the right, at his election, to be tried separately ( Woodley v. State, 103 Ala. 23, 15 So. 820). Besides, after one severance had been allowed, any further motion for severance was addressed to the discretion of the court. Malachi v. State, 89 Ala. 134, 8 So. 104.
There is no error shown by the record, and the judgment of the lower court will be affirmed.
Affirmed.
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...154.) It is a matter within the descretion of the court. (State v. Prater, 43 S.E. 230; State v. Thaden, 45 N.W. 614; Felder v. State, 9 Ala.App. 48, 181 Ind. 613, 167 Ky. 544.) The jurors, Lewis and Kingston, paid taxes 1920. They were drawn and accepted without challenge; failure of eithe......
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Marsh v. State
...the trial court to proceed with the trial of the defendants jointly or severally. Wilkins v. State, 112 Ala. 55, 21 So. 56; Felder v. State, 9 Ala.App. 48, 64 So. 162; 1907, sec. 7842. There is no merit in the defendant's objection that he was required to select a jury for his trial from th......
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Palmer v. State
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