Rain (Boykin v.), . Rawdon v. Rawdon, Richardson v. Dorman's Exe'trix, 679 Riley and Dawson (Doe d. Salton stall and Wife v.),.... Dawson v. Doe d.),...... State (Boullemet v.), State (Flinn & Martin v.),. State (Franklin v.)................ State (Martin & Flinn v),...... State (Ogletree v.),.. Bell (Commissioners of Pilot- 305 Steamboats Cuba, Swan, and J. H. 185 164 Sterns (Jones v.),. 677 286 Stetts, Allen & Gill (Turner v.).. 420 100 Stewart (Houseman v.),..... 684 416 47 390 687 453 289 Stodder v. Grant & Nickels,.. 12 Taylor (Bumgardner v.). 655 Walker and Wife v. Smith,. 611 420 RULE RESPECTING BRIEFS IN SUPREME COURT, ADOPTED AT JANUARY TERM, 1856. RULE 32. The counsel for the appellant, or plaintiff in error, in each case, shall furnish to the Court a Brief, containing a statement of the points to be decided, and of the facts of the case so far as necessary to show the manner in which these points arise; and the counsel for the appellee, or defendant in error, in like manner, shall furnish a Brief, setting forth the points of his defense. All Briefs must be furnished at least one day before the argument of the cause; and any counsel, failing to furnish a Brief as aforesaid, shall not be heard in argument at the bar. Rule 16, on page 711 of the Code of Alabama, and Rule 30, adopted January Term, 1854, are hereby declared to be superseded. RULE OF CHANCERY PRACTICE, ADOPTED AT JANUARY TERM, 1856. Ordered by the Court, that the 4th Rule for the regulation of the Practice in Chancery, adopted at the June Term of this Court, 1854, be amended, by adding to it the following: 'Provided, that this Rule shall not apply to orders for the issuing of writs of ne exeat and equitable attachments, and for the sale of personal property levied on, in the granting of which the Register shall not be restricted to Monday.' RULE OF PRACTICE IN CIRCUIT COURTS, Ordered by the Court, that the following Rule of Practice, for the Inferior and Circuit Courts of this State, be, and the same is hereby adopted-to-wit: When an action is brought, under section 2129 of the Code, by any transferree, assignee, or endorsee, the plaintiff shall not be required to prove his interest in the cause of action, unless the same is put in issue by plea, verified by affidavit. 1. Admissibility of confessions of guilt.-Confessions of guilt voluntarily made by the defendant after he was arrested, and whilst his hands and feet were tied, are admissible evidence against him. 2. Power of court over proceedings in fieri.-Where the trial and conviction occur at the term at which the indictment was found, the court may, at any time during that term, as well after as before conviction, cause the clerk to endorse the indictment "filed," to date the endorsement according to the fact, and sign it; and may also cause an entry to be made on the minutes, that the indictment was returned into court by the grand jury, with the day on which it was so returned. Over such matters the court has control during the term, and may alter, amend, or set them aside, as justice may require. FROM the Circuit Court of Walker. Tried before the Hon. THOS. A. WALKER. The record shows that on the 24th day of September, 1855, the grand jury, after being duly organized at the Fall term, 1855, of the circuit court of Walker county, returned into that court an indictment, charging the plaintiff in error, in Franklin v. The State. due form, with the murder of Absalom Boon; that, at the time it was so returned into court, it was endorsed "a true bill", and the endorsement was signed by "James L. Boyd, foreman of the grand jury"; that, on the same day, the clerk of that court entered on it the following endorsement: "Filed in open court by James L. Boyd, foreman of the grand jury, Sept. 24th, 1855. Test: D. L. Stovall, Clerk;" that, at that time, the plaintiff in error was confined in the jail of Tuskaloosa county for safe keeping; that on the same day, the court caused to be entered on the minutes a statement that said indictment had been returned into court, and an order thereupon that the jailor of Tuskaloosa county deliver the plaintiff in error to the sheriff of Walker county, or to his deputy, and that said sheriff, or his deputy, bring the plaintiff in error before that court; and that on the 28th day of September, 1855, the plaintiff in error pleaded not guilty, and was tried under said indictment, and the jury found him guilty of murder in the first degree, and further found that he "must suffer death." On the trial, as appears by the bill of exceptions, the State introduced Wm. E. Payne as a witness, who stated, that after the prisoner was arrested, and his hands tied with a rope, and his feet with a bridle, he (the prisoner), voluntarily and of his own accord, confessed as follows: "I took damned good aim, for I intended to kill him." "I have not killed man, but only a damned dog-I aimed right at his heart." "I killed him, and am glad of it." The witness stated, that "these words were voluntarily spoken by the prisoner, without threat or promise, or any questions being asked him, but under duress as above-as above stated, being arrested and tied." To the introduction of this testimony the prisoner objected; but his objection was overruled, and he excepted. After the trial, the prisoner made a motion in arrest of judgment. The grounds of this motion, and the action of the court in relation thereto, are stated in another bill of exceptions, sealed at his instance. The first ground of the motion was, "that there was no sufficient endorsement by the clerk that said indictment was returned into court by the grand jury." The court held this ground insufficient, and permitted the clerk, after verdict, to make the following en Franklin v. The State. dorsement on the indictment, which (the bill of exceptions states) "was according to the facts,” viz: "Filed in open court, Sept. 24, 1855. D. L. STOVALL, Clerk." The bill of exceptions contains this additional statement: "The indictment in this cause was found at this term of the court now in session, and returned into open court by the grand jury empanneled and sworn at this term of the court. The court directs the clerk to make the proper endorsement as above stated, and defendant excepted." The only other ground of the motion in arrest of judgment was, "that there were no sufficient minutes of the court showing that said indictment was returned into court by the grand jury. The entry objected to in this behalf is in the following words, to-wit: "The State, Lott M. Franklin. This day the grand jury, now in session for Walker county, returned into open court a bill of indictment against Lott M. Franklin, for murder. And it appearing to the court that the said Lott M. Franklin is confined in the jail of Tuskaloosa county for safe keeping, it is therefore ordered by the court, that an order be made requiring the jailor of Tuskaloosa county to deliver the said Lott M. Franklin to the sheriff, or his deputy, of this (Walker) county, and that the said sheriff, or his deputy, shall forthwith proceed to execute this order and bring the said Franklin before this court." After stating the foregoing matters, the bill of exceptions further states, that the court overruled the motion in arrest of judgment, and the defendant excepted. Sentence of death was pronounced and entered against the prisoner; but, as questions of law had been reserved by bill of exceptions, the execution of the sentence was suspended for at least sixty days after the commencement of the present term of this court, and the prisoner removed to the jail of Tuskaloosa county, there to be kept and detained until the further order of this court. WM. S. EARNEST, for the appellant. M. A. BALDWIN, Attorney General, contra. |