Jones v. State
| Decision Date | 11 January 1898 |
| Parties | JONES v. STATE. |
| Court | Alabama Supreme Court |
Appeal from city court of Montgomery; A. D. Sayre, Judge.
Elijah Jones was convicted of murder, and appeals. Affirmed.
The defendant made a motion in arrest of judgment upon the following grounds: (1) It does not affirmatively appear from the record that the defendant was present in court, either personally or by counsel, at the time the venire was drawn containing a regular list of the jurors drawn in said cause (2) that the defendant was not in court, either personally or by counsel, at the time the venire containing a list of the special jurors was drawn in said cause. This motion was overruled, and the defendant duly excepted. The facts of the case, and the rulings upon the evidence, which are reviewed on the present appeal, are sufficiently shown in the opinion. The defendant introduced as a witness one William Lowe, and asked said witness "if he did not see a difficulty between the defendant and the deceased on Tuesday before the homicide, which occurred on Wednesday"; and, upon the witness answering that he did, the defendant asked him "if in that difficulty he did not see the deceased advance upon the defendant with an open knife, and that the defendant had to run to prevent the deceased from attacking the defendant." The state objected to this question which objection the court sustained, and the defendant duly excepted.
Wm. C Fitts, Atty. Gen., for the State.
There was no error in overruling the motion in arrest of judgment. Frazier v. State (at present term) 23 So. 134, where the same motion, upon the same character of record, was considered. One Charles Glass, a witness for the state, testified that on the occasion of the killing, defendant was sitting in the door of his (witness') saloon when the deceased came to where the defendant was. Witness, being in the saloon waiting upon customers, did not hear what passed between defendant and deceased; that he saw defendant get up from his chair and move from the door out on the sidewalk, and onto a bride directly in front of the saloon; saw the deceased turn towards defendant, when defendant drew his pistol and fired, the parties being about six feet apart. The version of other witnesses, who were examined before Glass was introduced, and who testified that they were immediately present and saw and heard what was said and done by the parties, was that deceased came up to where defendant was sitting, in the door of the saloon, and said to the latter, "I want my dime;" to which defendant replied, The demand for the dime was repeated, in about the same language, receiving about the same reply. There...
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