68 So. 1003 | Ala. | 1915
The -defendant was indicted for murder (uxorcide), convicted, and given the death penalty.
It appears that he was arrested on the afternoon of October 8, 1913, and was indicted by a special grand jury that night, and arraigned and required to. plead a few minutes after the indictment ivas returned, and was put on trial within less than 18 hours after indictment found. Whatever else may be said of this proceeding, it was certainly speedy. The bill of exceptions contained the following recitals — and nothing more — as to this speedy action: “Be it remembered, that at the fall term, 1913, of the circuit court of Tallapoosa county, at Dadeville, on the 10th day of October, the following-proceedings were had not otherwise appearing- of record: In open court Wednesday night October 8, 1913, defendant was arraigned and case set for trial October 10, 1913. The defendant objected to being required to plead at this time, because the indictment was not.returned until about 8:15 p. m. October 8th, and the de
On the subject Of allowing the accused to be heard by counsel, this court, in Peagler’s Case, 110 Ala. 11, 14, 20 South. 363, said: “The Constitution does not specify the time nor the number of counsel, to- which a person accused by a criminal prosecution is entitled. It provides that ‘he has a right to- be heard by himself
In Yeldell's Case, 100 Ala. 26, 29, 14 South. 570, 46 Am. St. Rep. 20, the court, after reviewing the authorities on this subject — one line holding that the discretion of the trial court is reviewable, and the other, that it is not — said: “These two cases present extremes of the doctrine, and neither meets our approval. The correct and just principle, sanctioned by reason and authority, lies between these extremes. Courts are established for the administration and promotion of justice. If time and patience are not accorded a defendant, proceeded against in a cause in which his life or liberty is endangered, this high end and aim of the court would be subverted. If time is valuable and is pressing, if patience has been sorely taxed, any just judge will be
In Walker’s Case, 117 Ala. 85, 88, 34 South. 670, where the court had refused to postpone or continue the trial of a criminal case, and it was insisted that the accused was denied his constitutional right, the court said: “The rule of practice as to continuance cannot be so applied as to contravene the seventh section of the Bill of Bights, art. I, of the Constitution, sec. 7, which declares that in criminal prosecutions the accused has a right To have compulsory process for obtaining witnesses in his favor.’ The record states that the defendant requested the court to set the case down for a day later of the term, and to grant him compulsory process for his absent witnesses. These witnesses had been regularly summoned, and had failed to attend. No convenience of the court, nor any condition of the docket of the cases for trial, can authorize the denial of this right of the accused, guaranteed to him by the Constitution of the state. There are two reasons why the action of the court must be sustained in the present case. In the first place, no showing was made that the absent witnesses were within the jurisdiction
These cases have been several times cited and followed. While they did not involve the same concrete question involved here, the court was dealing with the same constitutional rights, and with the same discretion which the law vests in trial courts. In the state of this record, we cannot say that there was such an abuse of the discretion óf the trial court as to work a reversal, or that the accused was thereby deprived of his constitutional rights. It appears that he was represented by counsel; whether counsel of his own selection, or of the court’s does not appear. It also appears that there was not application to the court for any process as to any witness, nor offer of showings for absent witnesses; and none was examined for the defendant except the defendant himself. It is not claimed that he was deprived of any evidence, nor that any evidence was obtainable which would have been of benefit to the accused. The action of the court in arraigning accused so soon after the arrest, or in setting the day of trial so soon after the arraignment, was not even assigned as a ground for a new trial. In fact, no complaint was made, except at arraignment and the time the trial was entered into'; and then only as the mere statement or conclusion of counsel, without any fact to show that the accused would be prejudiced by the hasty action of the court.
The action of the court on the motion for a new trial is not revisable.
Affirmed.