Jackson v. State
| Citation | 104 Ala. 1,16 So. 523 |
| Parties | JACKSON ET AL. v. STATE. |
| Decision Date | 15 November 1894 |
| Court | Supreme Court of Alabama |
Appeal from circuit court, Baldwin county; James T. Jones, Judge.
Oliver Jackson and Hilliard Jackson, jointly indicted with Reuben Moore, were convicted of assault with intent to murder, and appeal. Affirmed.
The defendants moved for a change of venue, averring in said motion that having been convicted of an assault with intent to murder one Moog, which offense was committed at the same time of the assault upon Weil, the indictment for which was then pending, the people of the county at large were very much prejudiced against the defendants; that there had been repeated threats of lynching them, and they could not get a fair and just trial in Baldwin county, the county of their residence, and the county wherein the occurrence for which they were indicted was committed. The attorney for the defendants, in support of said motion, filed an affidavit in which he stated that the clerk of the court, who was at the time also the editor of a newspaper published in said county had been open in stating that he believed the defendants guilty, and was active in their prosecution; that the prejudice of the people against his clients justified him (the affiant) in "expressing the opinion that said Oliver and Hilliard Jackson cannot have a fair and impartial trial in Baldwin county of the offense of which they have been charged." There was also filed in support of the motion for a change of venue a paper, signed by 25 citizens of the county, of which the following is a copy: "We the undersigned, citizens of Baldwin county, Alabama, on our oath do say that from repeated expressions of public indignation in said county, by citizens thereof, towards Oliver Jackson and Hilliard Jackson, concerning the offenses of which they now stand indicted, in said county, we do not believe that they, or either of them, could have a fair and impartial trial in said county." The state, by its solicitor, denied each and every allegation contained in the application of the defendants for a change of venue, and thereupon presented to the court the affidavits of "about thirty or thirty-five citizens of Baldwin county who stated on oath that, in their best judgment, the defendants Oliver Jackson and Hilliard Jackson could have a fair and just trial in Baldwin county." The court refused the motion for a change of venue, and the defendants Oliver Jackson and Hilliard Jackson duly excepted. Upon being ordered to trial, they objected to being forced to trial in the absence of their codefendant, Reuben Moore, who was jointly indicted with them for the offense for which they were about to go to trial, and who was at the time in the custody of the state, serving out a term in the penitentiary. This objection of the defendants was overruled, to which ruling of the court the defendants separately excepted.
Wm. S Martin, Atty. Gen., for the State.
The motion or application of the appellants for a joint trial with their codefendant, Moore, who was not in the custody of the court, but was confined in the penitentiary, in its real essence, whatever form it was made to assume, was an application for a continuance, and could very properly now be disposed of as such, without further remark than that the grant or refusal of...
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...Mathis v. State, 280 Ala. 16, 189 So.2d 564 (1966), cert. denied, 386 U.S. 935, 87 S.Ct. 963, 17 L.Ed.2d 807 (1967); Jackson v. State, 104 Ala. 1, 16 So. 523 (1894); Ellison v. State, 373 So.2d 1247 (Ala.Cr.App.1979); Sprinkle v. State, 368 So.2d 554 (Ala.Cr.App.1978), writ quashed, 368 So.......
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Holsemback v. State, 7 Div. 156
...they may be tried, at the discretion of the court, either jointly or separately." This was also the rule at common law. Jackson v. State, 104 Ala. 1, 16 So. 523 (1894); Hawkins v. State, 9 Ala. 137 (1846). See also Charley v. State, 204 Ala. 687, 87 So. 177 (1920); Palmer v. State, 15 Ala.A......
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