The Montgomery advertiser., 1907-04-05
SHE GETSNEW TRIAL
WHITE WOMAN OF 0ADSDEN CON.
 VOTED OF MURDER.
Yolande DeGg, whe Shot Aubrey WoA- mack in Her Resort, After . Row. Secures Reversal In Su-
 preme Court.

The Supreme Court yesterday. in an opiinon handed down by Justice Dow dell. granted a new trial to Yolande Degg. . white woman of Gadsden, who was sentenced to twenty-tLree years Imprisonment for the murder of Au- brey wommack. a white man. in her resort in the Etowah city . few to the interests of the, defendant were found by the Supreme Court, and the case was reversed and rsmanded to the Gadsden City Court for another trial.
 The Degg woman. after a quarrel in which a number of people in her house at sths time were Implicated, shot Wommack. and he died from the wounds. Hazel Dean and Will Hasson were indicted by the grand jury as accessories in the crima
 Upon the trial of the case, 1t was impossible for the State to presenk two witnesses in person, as one was dead and the other had removed from the jurisdiction of the court. Their testimony at the preliminary exami. nation had not been Ioduced to writ ing, read to them and and signed in the presence of the defendant. as is sometimes done. but was taken down in shorthand. and the stenoErapher. after the preliminary. transcribed his notes, and the witness signed the tea- timony later in the presence of the magistrate, but not in the presence of the defendant.
 This testimony. in the absence of upon the trial of the case in the City Court, and the 1udgs instructed the jury 1t was to be taken as would the testimony of the witnesses if present This instruction. as well as the fail- ure to have the stenographer who took the testimony down at the preliminary swear positively that 1t was tram scribed as the witnesses had given 1t. was held to be error.
 The appellate court also held that 1t was error to exclude the testimony of one of the witnesses for the de- fense who had violated the rule barr ing witnesses from the court room. mitted and the witness punished for his violation of the rule.
 List Of Opinions.
 The opinions handed down by the Supreme Court were as follows:
 Tyson. c J.-Birmingham Rolling Mill Company vs. Jefferson D. Myers. appeal from Birmingham City Court affirmed.
 David L. Walker vs. James J. winn. Jr.. as administrator, etc, appeal from Barbour Circuit Court, affirmed.
 Dowden J.--Yolande Degg vs. the States of Alabama, appeal from Gads- den City Court. reversed and remandsd.
 Amzonia Cobb as administratrix va. ". T. Owens appeal from Anniston City Court, reversed. rendered and re- manded.
 s. J. Wright vs. Kansas City, Mem- phis and Birmingham Railroad Com pany. appeal from Walker Law and Equity Court, affirmed.
 Anderson. J.--Laura S. Galliher vs State Mutual Life Insurance Company. appeal from Anniston City Court. re. versed and rendered
 s. L. Tidwell vs. J. S. wittmier, ct al. appeal from Blount Chancery Court. affirmed on both original and cross ap- peals.
 Frank Barber vs. the State of Ala bama, appeal from St. Clair Circuit Court, affirmed.
 Mcclellan, J.-James Chappell vs. !. T, Roberts. appeal from Montgomery Circuit Court, affirmed.
 V. A. Hatch vs J. M Warmer. apneal from Hale Circuit Court, reversed ana remanded.
 w. R. Francis. ct al, vs R. B. White as administrators, appeal from Morgan Chancery Court, affirmed.