The Montgomery advertiser., 1908-04-25
ADVISE SOLICITORS
srrpnEwE COURT JUSTICES OPINION
 IMPORTANT.
on Ar,<aY Of Judgment Frcfn Walker comnfy Court Decision On Work Of States Counsel Is
 Made.


 Tn reversing the judgment of the walkar County Law and Equity Court, fhe Alabama Supreme Court yesterday cave an important suggestion to so- Ilrftora generally the matter or re-. Questing written charges of the pre- siding judges in circuit court or other lower court trials. The case unoer confederation had been appealed from fhe law and Equity Court of Walker County which had convicted Rad Foe. a white man, of the murder of Wood simmons, and sentenced him to impris- cnment for thirteen years in the peni- tentiary.
 The decision of the Supreme Court went at length into the numerous charges of the judge in tnis trlai LOT both sides of the case It was re- marked Incidentally that the case was ssdistressingly" burdened with charges and counter-charges.
 Then, concluding the opinion. the court spoke as follows:
 We suggest that in the trial of criminal causes. the better practice is that solicitors refrain from asking written charges unless the exigencies of the case absolutely require it."
 Poe, according to the record in the case. was riding along the dirt road leading out of Corona, Walker county. several months ago, when he overlook another white man named Wood Sim mona They had quarreled before and on the charge by Poe that Simmons. in a wagon with his son, was trying to run over him, Poe became involved in a fight. The result was that Sim mons was shot three times on the spot and died within five minutes after the firing began.
 On the trial mitigating circumstances seem to have influenced the jury and Al krA tence recommended was only thirteen years Imprisonment in the peniten- tfary. Appeal was taken by the defen- dant on the ground of prejudicial charges to the jury. On this error of the lower court the Judgment was re- versed and the cause remanded for another trial
 This was the lone decision of the Supreme Court yesterday. After rem dering 1t, the tribunal took an adjourn ment until May II. when there will be a call of the cases from the coun- ties of the third division. These are the counties of Autauga. Butler, Cone cuh. Escambia. Lowndes and Mont gomery.
 The hearing of the rule nisi against Chancellor Benners in the matter of intervening by Henry B. Gray in the suit to secure. an accounting of the affairs of the South and North Alabama Railroad. was continued by the Su- preme Court until May 23.
 The opinion of Justice Johnathan Haralson in the case of the State of Alabama vs. P. Y. Albright. being an appeal from the habeas corpus order of the judge of the Thirteenth Ju- dfcial Circuit discharging the defen. danf, has been completed and does not go Into the merits of the contentious of either side.
 Axr. Albright is a justice of the peace in Precinct 8, Baldwin county. holding his office, he sought to secure his acquftta1 and release by writ of habeas corpus. His contention was that the indictment against him would not hold for the reason that the Con- stitution of Alabama does not make 1t necessary for a justice of the peace to be qualified elector in the State before being eligible to the ofice
 On the trial of the. writ Judge Browne ordered the defendant. ... dis charged from the custody of the sher- fir. From this the State took an ap- peal.
 Instead of settling the point of whether justice of the peace shall be a qualified voter of Alabama the Supreme Court made the following statement in part through Justice Hara1son:
 The mode of procedure adopted in this case is not the proper one to raise the question of the guilt or innocence of the defendant in the ln- dictment-petitioner in this case. The matter here sought to be relied upon for the discharge of the petitioner is clearly for the determination of the circuit court on the trial under the indictment.
 That court having Jurisdiction of the offense and of the person. habeas corpus will not lie for the discharge of the defendant. The order appealed from is vacated. and one will be here rendered dismissing the petition"
 The effect of this is to throw the case back to the Baldwin County Cir cult Court for trial under the indtct snenf aa now drawn