Roberson v. State

• Decision Date: 30 June 1909
• Citation: Roberson v. State, 162 Ala. 30, 50 So. 345 (Ala. 1909)
• Parties: ROBERSON v. STATE.
• Court: Alabama Supreme Court

50 So. 345

162 Ala. 30

ROBERSON v. STATE.

Supreme Court of Alabama

June 30, 1909

Appeal from Circuit Court, Houston County; H. A. Pearce, Judge.

Cleve Roberson was convicted of murder in the second degree, and he appeals.Affirmed.

The following charges were requested by and refused to the defendant: "(1) In determining what weight or credit, if any, you will give to the testimony of Lulu Ward, you may consider the fact, if it be a fact, along with all the other evidence, that she was the mother of the deceased, Foy Ward.(2)The court charges the jury that, in connection with the other evidence in the case, you may consider the fact that Lulu Ward was the mother of deceased, and may believe from the evidence, or from your own knowledge and experience as applied to the evidence, that she entertained that degree of affection and parental love that is common to her race."

Alexander M. Garber, Atty. Gen., for the State.

MAYFIELD J.

The defendant was indicted of murder in the first degree, and was convicted and sentenced for murder in the second degree.The special venire for the trial was drawn on Saturday, and the trial was set for the following Tuesday.All the orders of the court for the trial and venire appear to be regular.The sheriff served a copy of the venire on the defendantat 7 o'clock on the evening it was drawn, but no copy of the indictment at that time; but on Sunday he did serve the defendant with a copy of the indictment.This was a sufficient compliance with the statute(section 7840 of the Code of 1907) as to the service of a copy of the indictment and venire for the trial to be had on Tuesday following.The two copies need not be made or served at the same time.Barnett's Case, 83 Ala. 40, 3 So. 612.The service of...