Wells v. State
Decision Date | 06 June 1906 |
Parties | WELLS v. STATE. |
Court | Alabama Supreme Court |
Appeal from Madison County Court; W. T. Lawler, Judge.
"To be officially reported."
John Wells was convicted of disturbing an assemblage of people met for religious worship, and he appeals. Reversed and rendered.
The defendant was indicted at the February term, 1905, of the Madison circuit court for disturbing an assemblage of people met for a religious worship. The case was returnable to the county court of said Madison county and was there tried. The facts are sufficiently stated, and it is admitted that these are the facts, in the following motion made by defendant The defendant had not consented for the jury to be discharged in his absence. The court overruled defendant's motion to discharge him, and he duly excepted. After this motion was made, at the suggestion of the solicitor, the court called the jury from the audience as they were not then sitting in the jury box, but were sitting promiscuously with the audience in the courtroom before him, and caused the clerk to take the verdict which had been handed to him quite a while before that and read in their presence. The jury said that that was their verdict and each one of them said he had not talked about the verdict that had been rendered before any one. The defendant objected to this examination of the jury, and the court overruled his objections and permitted the solicitor to prove by the jurors that they had not talked about the verdict that had...
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State ex rel. Shetsky v. Utecht, 34839.
...653, 44 Am.Rep. 743 (perjury); Hill v. State, 118 Ga. 21, 44 S.E. 820 (misdemeanor); State v. Epps, 76 N.C. 55; but, cf. Wells v. State, 147 Ala. 140, 41 So. 630 (operates as acquittal). 3 Chapter 14, s 287. ‘Presence of defendant when prosecution for felony. In a prosecution for a felony t......
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State v. Utecht
...Ga. 653, 44 Am.Rep. 743 (perjury); Hill v. State, 118 Ga. 21, 44 S.E. 820 (misdemeanor); State v. Epps, 76 N.C. 55; but, cf. Wells v. State, 147 Ala. 140, 41 So. 630 (operates as 3. Chapter 14, § 287. "Presence of defendant when prosecution for felony. In a prosecution for a felony the defe......
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Lee v. State, 6 Div. 942.
...... acquittal of the defendant. Whitehurst v. State, 3. Ala.App. 88, 57 So. 1026; Waller v. State, 40 Ala. 325; Cook v. State, 60 Ala. 39, 31 Am.Rep. 31;. Jackson v. State, 102 Ala. 76, 15 So. 351; Hayes. v. State, 107 Ala. 1, 4, 18 So. 172; Wells v. State, 147 Ala. 140, 142, 41 So. 630; Harris v. State, 153 Ala. 19, 49 So. 458. . . The. record must affirmatively show the prisoner's presence at. each successive step in the trial. Young v. State,. 39 Ala. 357; Frost v. State, 225 Ala. 232, 142 So. 427. . . It ......
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State ex rel. Shetsky v. Utecht
...653, 44 Am.Rep. 743 (perjury); Hill v. State, 118 Ga. 21, 44 S.E. 820 (misdemeanor); State v. Epps, 76 N.C. 55; but, cf. Wells v. State, 147 Ala. 140, 41 So. 630 (operates as acquittal). [3] Chapter 14, s 287. 'Presence of defendant when prosecution for felony. In a prosecution for a felony......