The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1921-02-16

taken from the room which was occu-
pied by a corpse and several MOURN
ers. The defendant was fined $40 and
given an hour n jail. The appellate
court reversed the lower court and
endered a decision absolwing Cantre.l
of all criminal responsibility
The evidence showed that Cantrell
had loaned neighbor his pistol This
neighbor was Killed the same day.
That night Cantrell called at the home
and in the presence OF various persons
announced that a pistol which he found
on the mante was his property. He
asked his friends II ii would be all
right to take H. They replied yes
and he took the pistol to his home. He
was arrested on an affidavit of a per-
son who. did not appear against him in
court and was convicted Tne court
of appeals said there was no evidence
to support verdict Of guilty of any
offense
JURY SOLE JUDGE
An example Of the inability OF a.
court of appeals to reverse the findings
Of jpry on fact was shown by the
court Of appeals Tuesday afternoon,
when 1T affirmed the sentence of three
years imposed on Bud Boyett 16-year
old boy of Covington county, for The
killing of James SandsDury a play
mate. No error was committed by the
trial court and the court Of appeals an
nounced that it could do nothing TO
save the boy from the penitentiary, al
though it did not believe the evidence
was sufficient TO warrant conviction.
The opinion OF the executive depart
ment called attention 10 the lack of EVIL
dence and said the case was one which
should demand immediate action on the
part of the executive department Gov
ernor Kilby was told of the case later in
the afternoon and stated that he would
take up this case as soon as the re-
quirements OF the law, which provide for
submission to the board of pardons were
met.
BOYETT INDICTED
Boyett was indicted for murder ana
was convicted of mansiaughter. The only
evidence against him is that he and sans
bury had fight months before and
Bovett had threatened his playmate
Boyett claimed Sansbury was killed ac-
cidentally BY the discharge OF his own
gun. states evidence showed that Boy
etts gun was not fired, but that the
shell in Sanspury's gun had been eX-
plooed. The defendant commended tnat
Sansbury tripped over stump and feii,il
discharging the gun
Other witnesses testified that they
heard Boyett tell Sansbury, after the
gun was fired, that he was coming 70
him. II was further shown that the boy
did go for help and. fearing that ms
shoes would be an impeachment, removed
the shoes and was barefooted when he
advised others of the accident.
Members of the court said they couiu
not reverse the case, because the jury I
was the Judge Of the evidence, and every
objection made by the defense NAG peen 4
sustained. which corrected all errors. Inc
defense did not request the affirmative
charge. therefore there was no reversible
error in the record
OTHER DECISIONS
The list of decisions OF the court OF
appeals Tuesday, February 70, foIlow
on Re -hearing-Ex parte DR.. j. y.
Bowling, health officer, versus Giadis
Harden jefferson circuit court; ap-
plication oyer-ruled. Howard Stanley
versus state, jefferson circuit court
over ruled William %.
stewart versus state, Jefferson circuit
court: application granted; reversed
and remanded. Samuel G. Neuberger
versus Preferred Accident Insurance
company of New York, Mobile circuit
court; application over-ruled.
Bricken, p. J.--Frank Lyles versus
state. Etowash circuit court, reversed
and remanded. Bud Boyett versus
state. Covington circuit court; at
firmed. John Tapscott versus state
Morgan county court; reversed and re-
Cecil Whaley versus state,
Gilmore circuit court former opinion
withdrawn; reversed and rendered.
Sanford Bob Lang versus state,
Marshall circuit, court; affirmed.
Robert Emory Hendricks versus state,
Jefferson circuit court; reversed and
remanded. Annie washington versus
state, Barbour circuit court; affirmed.
State versus Love Kimbrell. Lawrence
circuit court; notice granted. Zim
Ma,gourik versus state, Calhoun circuit
court; affirmed. Frank Boldly versus
the Continental Investment company,
Blount circuit court; affirmed. Sam
Robertson versus state, Marshall cir
cult court; reversed and remanded.
d. f. Reed versus state, Madison pro-
bate court; affirmed.
Merritt, J.-Homer Johnson. versus
state, DeKalb circuit court; reversed
and remanded. Wood Jones versus p.
B. Jaman, Sumter circuit court; ap-
neal dismissed. June Cantrell versus
state. Lawrence circuit court; reversed
and rendered. John Peterson versus
state, Crenshaw circuit court; al
firmed Miller Johnson versus state,
Lauderdale circuit court; affirmed
Dock Harell and Richard Griffith
versus state, Calhoun circuit court;
affirmed. Emmett sWooten versus state
Lauderdale circuit court; affirmed.
Will Abner versus state. Russell cir
cult court: appeal dismissed.
Drowned Under Car
-. Asscc;of.l prass