Walden v. State

4 Citing cases

  1. Lynn v. State

    34 So. 2d 602 (Ala. 1948)   Cited 32 times

    Where defendant has not been prejudiced by separation of the jury a verdict will not be set aside on this ground. Pugh v. State, 243 Ala. 507, 10 So.2d 836; Redus v. State, 243 Ala. 320, 9 So.2d 914. It was proper for the court to hear testimony on the motion for mistrial. Walden v. State, 240 Ala. 193, 198 So. 264. Whether or not injury resulted from the separation of one of the jurors from the others was primarily a question for the trial judge. Gipson v. State, 247 Ala. 529, 25 So.2d 392. Separation in this case was not ground for reversal. Supreme Court Rule 45, Code, Tit. 7, p. 1022.

  2. Tiner v. State

    279 Ala. 126 (Ala. 1966)   Cited 38 times

    A separation of a jury, after the trial has been entered on and before verdict is not a cause for reversible error where the state affirmatively shows that the defendant was not injured thereby. McElroy v. State, 30 Ala. App. 404, 7 So.2d 508, Id., 242 Ala. 529, 7 So.2d 489; Walden v. State, 29 Ala. App. 462, 198 So. 261, Id., 240 Ala. 193, 198 So. 264. The accused may, before confessions are admitted in evidence, cross-examine a witness for the State as to their voluntary character and offer outside evidence on voir dire in contradiction of that produced by the State, but such countervailing evidence must be offered on voir dire before the confession is admitted.

  3. Gurley v. State

    36 Ala. App. 606 (Ala. Crim. App. 1952)   Cited 22 times

    Of course, it was incumbent upon the State to show a causal connection between the injuries inflicted by defendant and the death of deceased, and such fact must be proven beyond a reasonable doubt, but it may be established by circumstances as well as by direct evidence. Gary v. State, 18 Ala. App. 367, 92 So. 533; Lawman v. State, 18 Ala. App. 569, 93 So. 69; Curry v. State, 23 Ala. App. 182, 122 So. 298; Walden v. State, 29 Ala. App. 462, 198 So. 261, certiorari denied 240 Ala. 193, 198 So. 264. The evidence is without dispute that the fender of accused's automobile struck deceased's head; she was thrown twelve to fifteen feet by the impact.

  4. Walden v. State

    198 So. 261 (Ala. Crim. App. 1940)   Cited 5 times

    Affirmed. Certiorari denied by Supreme Court in Walden v. State, 198 So. 264. McCord Miller and Wm. Hubert Burns, all of Gadsden, for appellant.