Huckabee v. State

Citation168 Ala. 27,53 So. 251
Decision Date06 July 1910
CourtSupreme Court of Alabama

Appeal from Circuit Court, Marengo County; John T. Lackland, Judge.

Wyley Huckabee was convicted of larceny, and he appeals. Reversed and remanded.

Dowdell C.J., and Simpson and Evans, JJ., dissenting.

The application for change of venue was based upon the fact that defendant had been prosecuted for the murder of Luke Bradford, and that, while he had been acquitted of that charge, there had been generated by said trial a widespread feeling and prejudice against the defendant, and that such feeling and prejudice existed throughout the county to such an extent and in such a degree as to render it impossible for defendant to get a fair trial; that the charge for which defendant was then on trial was alleged to have been committed at the same time as the charge of murder on which he was tried and acquitted. This application seems to have been signed by Huckabee, per I. I. Canterbury, attorney, and to have been sworn to and subscribed by the attorney.

The plea of former jeopardy referred to alleges, in substance that defendant was charged and put upon trial for murder, and that after trial defendant was acquitted and discharged, but defendant says that he is now charged with a larceny which is based upon the same matter and transaction as that for which he was tried and acquitted as aforesaid in the first indictment. Givhan was summoned as a special juror to complete the panel, the regular panel having been exhausted and was asked the preliminary questions, and in answer thereto stated that he resided in Marengo county, but that he paid his poll tax and voted in Perry county, whereupon the defendant moved to challenge him for cause. The witness Ford stated that he was present when Bradford lost his life, as was Spencer Ford and Wyley Huckabee; that Bradford was killed near his house, and that immediately after the killing a trunk, a quilt, and a lamp were taken from the house; and that at the time luke Bradford was lying by the fence 50 or 75 yards from the house. The defendant moved to exclude all the testimony in reference to the killing of Luke Bradford. The court overruled the motion, and the solicitor then said to the witness, "Tell the jury what happened," and witness answered that Wyley Huckabee carried the trunk to where the body was and tried to break it open with a pole but, failing to do so, defendant took a sack from his pocket and took out some keys, and opened the trunk. The question was asked what became of the lamp; and "if you lighted the lamp down there where the trunk was?" The witness answered that they lit the lamp, but he did not remember who held it. The bill of exceptions shows as to the written charges as follows: "Defendant's attorney walked up to the desk of the presiding judge and laid thereon a large envelope, out of which were sticking some slips of paper. The defendant's attorney at the time said nothing. The court thereafter and during the argument of counsel picked up the envelope and opened it, and discovered its contents to be sundry written charges on separate slips of paper. The court took the charges out, examined four or five of them, and came to the charge directing the defendant's acquittal. The court then replaced the charges in the envelope, and laid it upon the desk. When the court had completed its charge to the jury, defendant's counsel asked the court if he had seen his written charges, and the court replied that he had, and refused them all. Defendant's attorney objected to the action of the court in the refusal of said charges. Said charges were not requested separately and severally, but placed as stated in the envelope, and for this reason the court, after reaching in its examination what he considered to be a bad charge, did not examine the charges further until after the jury retired. After the jury retired, the court opened...

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8 cases
  • Holloway v. State, 2 Div. 834
    • United States
    • Alabama Court of Appeals
    • December 2, 1952
    ...prosecution was based on an entirely different transaction from the one upon which the instant indictment is predicated. Huckabee v. State, 168 Ala. 27, 53 So. 251; Gibson v. State, 15 Ala.App. 12, 72 So. The rulings in respect to these pleas were free from error. The indictment was present......
  • Pope v. Howle, 7 Div. 162
    • United States
    • Supreme Court of Alabama
    • June 22, 1933
    ...... part of election officers, which are shown not to affect the. result declared, will not be considered. The State ex. rel. Vest v. Cobb, 108 Ala. 9, 18 So. 532; Shepherd v. Sartain, supra; Garrett v. Cuninghame, supra; Board of. Revenue et al. v. Jansen, 224 ... supra. This rule has long prevailed in this jurisdiction. State ex rel. Spence v. Judge of Ninth Judicial. Circuit, 13 Ala. 806; Huckabee v. State, 168. Ala. 27, 53 So. 251; Griffin v. Wall, 32 Ala. 149;. Clary v. Sanders, 43 Ala. 287, 294. . . The. provisions of section ......
  • Renfroe v. State
    • United States
    • Alabama Court of Criminal Appeals
    • March 13, 1973 affidavit under oath, as required by law, hence, the trial court properly sustained the State's demurrer to this motion. Huckabee v. State, 168 Ala. 27, 53 So. 251. III The appellant had also attacked the statement given to Sheriff Brewer and State Investigator Lt. Riddle on the basis th......
  • Hawes v. State
    • United States
    • Supreme Court of Alabama
    • April 28, 1927
    ...... when there is nothing on the face of the question, or in the. statement of examining counsel, to show that the answer will. be irrelevant or illegal, the opposing party has no right to. have the question excluded, and the trial court's refusal. to exclude is not error. Huckabee v. State, 168 Ala. 27, 53 So. 251; Forrester v. May, 3 Ala.App. 281,. 284, 57 So. 64. . . The. rule then is clearly established that the trial court may. either exclude such a question, or allow it to be answered,. without error either way. And the result is necessarily that. the ......
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