Webb v. State
Decision Date | 21 January 1903 |
Citation | 135 Ala. 36,33 So. 487 |
Parties | WEBB v. STATE. |
Court | Alabama Supreme Court |
Appeal from criminal court, Jefferson county; D. A. Greene, Judge.
Jim Webb was convicted of murder in the first degree, and appeals. Affirmed.
Upon the call of the case the state announced "Ready," but the defendant asked for a continuance of the cause upon the following grounds: "First, the absence of two material witnesses, for whom subp nas had been issued in his behalf; second, that the crime for which the defendant was indicted had been committed a little more than a month previous, and defendant should not be put upon trial this early; and upon the further ground that defendant's counsel had not had the opportunity to have a full and complete consultation in private with his client." Upon the hearing of this motion the court ascertained that the two witnesses whose absence was made a ground for asking for a continuance had been subp naed, and that the subp na had been returned "Not found" by the sheriff of Jefferson county; and that neither the defendant nor his counsel could give any information as to their whereabouts, or as to whether they were within the jurisdiction of the court; and that said two parties so subp naed were not eyewitnesses to the alleged killing, and that every eyewitness acquainted with the facts of the killing had been summoned, and was then present. As to the second ground the court ascertained that 30 days had elapsed from the time of the killing to the time of the trial; that the defendant had employed counsel immediately after his arrest; that such counsel was present at the preliminary trial of the defendant, and conferred with him privately from time to time while he was in jail, etc. The court overruled the motion for a continuance, and to this ruling the defendant duly excepted. The facts of the case are sufficiently stated in the opinion.
The bill of exceptions contains the following recital as to the argument of the solicitor:
The defendant requested the court to give to the jury the following charges, and separately excepted to the court's refusal to give each of them as asked:
R. L. Leatherwood, for appellant.
Charles G. Brown, Atty. Gen., for the State.
On an indictment charging him with the murder of William P. Walton defendant was convicted of murder in the first degree. On the trial it was shown that Walton was a police officer of Birmingham. Evidence for the state tended to show that on the night of the killing defendant had presented a pistol at one John Brown, and made Brown leave the latter's room; that about midnight Brown preferred a charge against defendant, and requested the deceased to arrest him; that Brown went with deceased and one Cochran through a dark hallway to a closed door leading from the hall into a room where defendant and one Lilly Page were; that deceased then announced to defendant that he was an officer, and was there to...
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