Rowell v. State, 5 Div. 238
| Decision Date | 16 July 1974 |
| Docket Number | 5 Div. 238 |
| Citation | Rowell v. State, 299 So.2d 332, 53 Ala.App. 286 (Ala. Crim. App. 1974) |
| Parties | Charles Henry ROWELL v. STATE. |
| Court | Alabama Court of Criminal Appeals |
John W. Davis, III, Montgomery, for appellant.
William J. Baxley, Atty. Gen., Montgomery, and Samuel L. Adams, Sp. Asst. Atty. Gen., Dothan, for the State.
Second degree murder: sentence, twenty-five years imprisonment.
The only reasonably arguable question arising from the trial was the allowance of certain State witnesses to be exempt from the rule of sequestration.We quote:
'* * * In the case at bar, the State called the following as its witnesses:
1.Henry Meadows--Opelika Police Department
2.Mark Harvard Norred--AAA Ambulance Service
3.Dr. Richard A. Roper--State Toxicologist
4.Vickie Paradise--daughter of deceased
5.Jim Davis--Opelika Police Department
6.Dan Davis--Opelika Police Department
7.Ronald F. Dunson--Opelika Police Department
'Those who were sequestered by the rule were:
'Vickie Paradise, daughter of deceased Mark Norred, ambulance driver.'
--Appellant's brief.
The purpose of sequestration, axiomatically, is to obviate as far as possible one witness's trying to make his testimony consistent with that of another.However, our cases do not treat exceptions to the 'rule' as presenting appealable questions.De Franze v. State, 46 Ala.App. 283, 241 So.2d 125.
Moreover, if we were to treat the over abundance of peace officers as an abuse of discretion, nevertheless, we would affirm the conviction because of the harmless error doctrine.Rule 45.
All the Judges concur.
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Carpenter v. State
...is to obviate as far as possible one witness's trying to make his testimony consistent with that of another. Rowell v. State, 53 Ala.App. 286, 299 So.2d 332 (1974). Appellant's prior contention that Sheriff Anderson's testimony was not supported by the testimony of Coroner Booth defeats his......
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Young v. State
...with that of another. Carpenter v. State, 400 So.2d 417, 423 (Ala.Cr.App.), cert. denied, 400 So.2d 427 (Ala.1981); Rowell v. State, 53 Ala.App. 286, 299 So.2d 332 (1974). As was stated in Beddow, supra, "the efficacy of sequestration--which can only occur during the trial--is probably over......
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McGilberry v. State
...citing Carpenter v. State, 400 So.2d 417, 423 (Ala.Cr.App.), cert. denied, 400 So.2d 427 (Ala.1981); Rowell v. State, 53 Ala.App. 286, 299 So.2d 332 (1974). "The purpose of the witness sequestration rule is to prevent any one witness from hearing the testimony of other witnesses and perhaps......
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Stone v. State
...of the rule of exclusion, and this discretion is not reviewable. Patterson v. State, 53 Ala.App. 567, 302 So.2d 540; Rowell v. State, 53 Ala.App. 286, 299 So.2d 332. It is sufficient to prove so much of an indictment as shows that the defendant has committed a substantial offense specified ......