Stewatr v. State

5 Citing cases

  1. State v. Wilbanks

    266 So. 2d 619 (Ala. 1970)   Cited 13 times
    In State v. Wilbanks, 289 Ala. 166, 266 So.2d 619, our Supreme Court recognized the propriety of excluding the jury in such matters, but ruled that the trial court was not under a duty to withdraw the jury ex mero motu.

    And as we have indicated above, the refusal of the trial court to grant such request has been held by the Court of Appeals to constitute reversible error. This holding, in our opinion, runs directly counter to the holdings of the Court of Appeals in Stewart v. State, 38 Ala. App. 497, 88 So.2d 580, and in Kent v. State, 34 Ala. App. 443, 41 So.2d 194. The holding of the Court of Appeals in Young v. State, 41 Ala. App. 284, 130 So.2d 249, is not in conflict with the holdings of that court in Stewart and Kent, supra. We have found no decision of this court or the Court of Appeals wherein it has been held reversible error for the trial court to refuse to permit the interruption of the examination of a witness on direct to permit counsel for the defendant to examine the witness on "voir dire."

  2. State v. Butler

    32 N.J. 166 (N.J. 1960)   Cited 28 times
    In State v. Butler, 32 N.J. 166, 187, 160 A.2d 8 (1960), cert. den. 362 U.S. 984, 80 S.Ct. 1074, 4 L.Ed.2d 1019 (1960) a defendant's reported statement during a homicide that "It ain't the first man I ever killed" was held to be relevant to establish that the murder was "willful, deliberate and premeditated."

    Under the circumstances it is clear to us that the contention embraced in Point III of the defendant's brief affords no basis for reversal. Cf. Hendersonv. United States, 218 F.2d 14, 17, 50 A.L.R.2d 754 (6 Cir. 1955), certiorari denied 349 U.S. 920, 75 S.Ct. 660, 99 L.Ed. 1253 (1955), rehearing denied 349 U.S. 969, 75 S.Ct. 879, 99 L.Ed. 1290 (1955); Stewart v. State,38 Ala. App. 497, 88 So.2d 580 ( Ct. App. 1956). Lastly, the defendant's brief urges in Point IV that "the errors above complained of, in their aggregate, deprived the defendant of a fair trial," citing State v. Orecchio, 16 N.J. 125, 129 (1954) where this court said:

  3. Bullock v. State

    586 So. 2d 284 (Ala. Crim. App. 1991)   Cited 3 times

    When the State shows an assault by defendant with a deadly weapon in sufficient proximity to inflict a deadly wound, a prima facie case [of assault with intent to murder] is made out, unless the evidence which proves the attempt to kill overcomes its prima facie proof." Stewart v. State, 38 Ala. App. 497, 500, 88 So.2d 580, 583 (1956). See also Ray, 147 Ala. at 9, 41 So. at 520.

  4. Flurry v. State

    52 Ala. App. 64 (Ala. Crim. App. 1974)   Cited 33 times
    In Flurry v. State, 52 Ala. App. 64, 289 So.2d 632 (Ala.Crim.App.), cert. denied, 292 Ala. 720, 289 So.2d 644 (1974), it was first determined in this state that the results of a polygraph examination are not admissible into evidence.

    And as we have indicated above, the refusal of the trial court to grant such request has been held by the Court of Appeals to constitute reversible error. This holding, in our opinion, runs directly counter to the holdings of the Court of Appeals in Stewart v. State, 38 Ala. App. 497, 88 So.2d 580, and in Kent v. State, 34 Ala. App. 443, 41 So.2d 194. The holding of the Court of Appeals in Young v. State, 41 Ala. App. 284, 130 So.2d 249, is not in conflict with the holdings of that court in Stewart and Kent, supra. "We have found no decision of this court or the Court of Appeals wherein it has been held reversible error for the trial court to refuse to permit the interruption of the examination of a witness on direct to permit counsel for the defendant to examine the witness on 'voir dire.

  5. Thornton v. State

    179 So. 2d 776 (Ala. Crim. App. 1965)   Cited 1 times

    The jug was sufficiently identified to permit its introduction into evidence. Stewart v. State, 38 Ala. App. 497, 88 So.2d 580. Defendant testified he was at his home in Florida on the night of August 27, 1964, and did not go to or near the home of Mrs. Julia Thornton in Alabama.