Felder v. State

Alabama Court of Appeals

Felder v. State

64 So. 162, 9 Ala. App. 48, 1914 Ala. App. LEXIS 119

CourtAlabama Court of Appeals

DecidedJanuary 13, 1914

StatusPublished

Cited by3 cases

This text of 64 So. 162 (Felder v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Felder v. State, 64 So. 162, 9 Ala. App. 48, 1914 Ala. App. LEXIS 119 (Ala. Ct. App. 1914).

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Opinion

PELHAM, J. —

The defendant appeals from a judgment of conviction of arson in the second degree rendered by the circuit court on August 27, 1913. The transcript contains no bill of exceptions, and the time for presenting and having a bill signed has expired.

The defendant was jointly indicted with Walter Jones, William Cowling, and Stephen Wagner. On July 29, 1912, the jointly indicted William Cowling demanded and was granted a severance. Subsequently, on August 26, 1913, the prosecution was abated as to Jones because of his death, and, on the motion of the state, a severance was granted as to this defendant and Stephen Wagner against the objection of the defendant. In this there was no error. There was no inherent right in the defendant to demand a joint trial with his co-defendant Wagner (Wilkins v. State, 112 Ala. 55, 21 South. 56), and the manifest intent of the statute (Code, § 7842) is to give to a defendant jointly indicted with others the right, at his election, to be tried separately (Woodley v. State, 103 Ala. 23, 15 South. 820). Besides, after one severance had been allowed, any further motion for severance was addressed to the discretion of the court: — Malachi v. State, 89 Ala. 134, 8 South. 104.

There is no error shown by the record, and the judgment of the lower court will be affirmed.

Affirmed.

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PELHAM, J. —

The defendant appeals from a judgment of conviction of arson in the second degree rendered by the circuit court on August 27, 1913. The transcript contains no bill of exceptions, and the time for presenting and having a bill signed has expired.

The defendant was jointly indicted with Walter Jones, William Cowling, and Stephen Wagner. On July 29, 1912, the jointly indicted William Cowling demanded and was granted a severance. Subsequently, on August 26, 1913, the prosecution was abated as to Jones because of his death, and, on the motion of the state, a severance was granted as to this defendant and Stephen Wagner against the objection of the defendant. In this there was no error. There was no inherent right in the defendant to demand a joint trial with his co-defendant Wagner (Wilkins v. State, 112 Ala. 55, 21 South. 56), and the manifest intent of the statute (Code, § 7842) is to give to a defendant jointly indicted with others the right, at his election, to be tried separately (Woodley v. State, 103 Ala. 23, 15 South. 820). Besides, after one severance had been allowed, any further motion for severance was addressed to the discretion of the court: — Malachi v. State, 89 Ala. 134, 8 South. 104.

There is no error shown by the record, and the judgment of the lower court will be affirmed.

Affirmed.

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64 So. 162, 9 Ala. App. 48, 1914 Ala. App. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felder-v-state-alactapp-1914.

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