Redmond v. State
| Decision Date | 19 June 1912 |
| Parties | REDMOND v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Denied July 11, 1912.
Appeal from Circuit Court, Barbour County; M. Sollie, Judge.
Ed Redmond was convicted of violating the prohibition law, and he appeals. Affirmed.
Thomas & McDowell, of Eufaula, for appellant.
R. C Brickell, Atty. Gen., and W. L. Martin, Asst. Atty. Gen., for the State.
Before entering upon the trial, the defendant moved the court for a continuance, on the ground of the absence of one Sam Godwin whom the defendant desired to examine as a witness in the case. The defendant was indicted for violating the prohibition laws, and it was shown on the defendant's motion for a continuance that Godwin, a resident of Eufaula was absent temporarily from the state, at Hot Springs, Ark that he had not been subp naed as a witness in the case, but that the defendant had procured a subp na for the witness and had it placed in the hands of the sheriff for execution, not knowing the witness was out of the state. The indictment against the defendant was returned on the 29th day of November, 1911, and the case was called for trial on the 6th day of December thereafter. The defendant stated in his motion for a continuance on account of the absence of this prospective witness that if present he expected to prove by him that one E. E. McGhee, the only witness subp naed by the state in the case, had stated to him at a certain time and place, after going before the grand jury that found the indictment against the defendant, that he (McGhee) had not bought any liquor from the defendant, and that he was scared when he testified before the grand jury and did not know what he had told them.
The court refused to grant the defendant's motion for a continuance, and refused to put the state on a showing as to what the witness would testify. On the trial of the case, the defendant proved by three of his witnesses, R. L. Braswell, M. M. Wells, and R. W. Bartow, that the witness McGhee had made to each of them the statement the defendant desired to prove by the absent witness, Godwin, as having been made to him.
The right of the defendant to compulsory process for the attendance of his witnesses, conferred by section 6 of the Constitution, does not extend to process for a witness beyond the jurisdiction of the court, whose attendance it cannot compel. Sanderson v. State, 168 Ala. 109, 53 So. 109, and authorities there...
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