Staples v. State
| Decision Date | 25 June 1929 |
| Docket Number | 7 Div. 559. |
| Citation | 124 So. 122,23 Ala.App. 273 |
| Parties | STAPLES v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Granted Oct. 8, 1929.
Appeal from Circuit Court, St. Clair County; W. J. Martin, Judge.
Frank Staples was convicted of distilling, and he appeals. Reversed and remanded on rehearing.
Frank B. Embry, of Pell City, for appellant.
Charlie C. McCall, Atty. Gen., for the State.
Reversed and remanded on rehearing.
On Rehearing.
Upon a reconsideration of this case, and it appearing that the defendant was misled to his prejudice by the unintentional misstatement of the clerk and sheriff of the court with reference to the subp naing and serving of defendant's witnesses, and that defendant was, as a result thereof, deprived of the benefit of material testimony in his behalf, and without fault on his part, this court is of the opinion that the motion for a new trial should have been granted, and that the ends of justice require that this judgment be reversed, and the cause be remanded.
The application for rehearing is granted. The judgment is reversed, and the cause is remanded.
Reversed and remanded.
To continue reading
Request your trial
- Hall v. State, 5 Div. 357
-
Traffenstedt v. State, 7 Div. 970.
...raid was in progress and the arrests were being made constituted a part of the res gestae and was admissible in evidence. Staples v. State, 23 Ala.App. 273, 124 So. 122. At time one of the officers was allowed, over objections, to testify that the parts found were suitable for the purpose o......
- Crowe v. State
-
Bradberry v. State, 6 Div. 557
...made was part of the res gestae and was admissible in evidence. Traffenstedt v. State, 34 Ala.App. 273, 38 So.2d 619; Staples v. State, 23 Ala.App. 273, 124 So. 122. The court therefore erred in excluding appellant's testimony as to his abuse by the officer at the time of his arrest at or n......