Hammond v. State, 4 Div. 106

• Decision Date: 16 April 1935
• Docket Number: 4 Div. 106
• Citation: 26 Ala.App. 391,160 So. 900
• Parties: HAMMOND v. STATE.
• Court: Alabama Court of Appeals

160 So. 900

26 Ala.App. 391

HAMMOND v. STATE.

4 Div. 106

Court of Appeals of Alabama

April 16, 1935

Appeal from Circuit Court, Coffee County; W.L. Parks, Judge.

Lev (alias Lehl, alias Lelve) Hammond, Jr., was convicted of manslaughter in the first degree, and he appeals.

Reversed and remanded.

J.M Rowe, of Elba, for appellant.

A.A Carmichael, Atty. Gen., and Jas. L. Screws, Asst. Atty. Gen for the State.

RICE Judge.

One of the grounds of defendant's (appellant's) motion for a new trial was as follows, to-wit:

"Defendant further alleges that at the trial of his case in said court on, to-wit; June 7, 1934, after the jury of 12 men had been duly selected, and had been empaneled and sworn; and after the first witness for the State had been duly sworn and put upon the witness stand and had begun to testify against defendant in said cause; that the following incident occurred:

"That the mother of the deceased, Sanford Coleman, was present at said trial, and was seated among the spectators in said court room a distance of, to-wit; 20 feet from the jury box being then and there occupied by said jury trying this defendant's case. Defendant further alleges that while the first State's witness was being examined by the State, that the said mother of the decedent, Sanford Coleman, arose from her seat and then and there loudly cried and prayed and shrieked and yelled, and fell to the floor and cried in a loud voice and generally made a great commotion and scene in the hearing and presence of said jury; that the examination of the first State's witness was then and there stopped by the trial court, and the mother of the decedent, Sanford Coleman, was by order of the trial court, removed from the presence of the jury by the Sheriff and by several spectators then and there in the court; that during her removal from said court room, the said mother of the decedent loudly cried, shrieked, yelled and prayed; that it required the Sheriff and several persons to effect her said removal; and that the cries and yells of the said woman were plainly audible to the jury, even after the removal of the said woman from the presence of the jury, and to the Public Square surrounding the Court House.

"That the defendant then and there in open court, made motion to withdraw the case from the jury and to grant a mistrial and continuance to this defendant on account of the conduct of the mother of said decedent, then and there had and done, in

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