Mickle v. State

<p>1.—Murder—Continuance—Contest of Application.</p> <p>It is permissible under the statute for the State to traverse an application for continuance on the question of diligence, but not for the purpose of showing that the absent witnesses were not present at the scene of the difficulty; besides, the court should have permitted the filing of defendant’s supplemental motion for a continuance, and if the facts therein stated were true and not controverted by the State, the case should have been postponed or a change of venue ordered, under the facts of the instant case, where the record showed that defendant was a negro and the deceased a white man, and that race feeling and prejudice played a prominent part in the disposition of the case; the judgment is therefor reversed and the cause remanded.</p> <p>2. —Same—Practice in District Court—Jury Commission—Rules of the Street Car Company.</p> <p>There was no error in refusing to quash the indictment because no negroes were on the jury commission or the grand jury; and there was no error in not submitting a charge with reference to the rule of the Street Gar Company.</p> <p>3. —Same—Rehearing—Practice on Appeal.</p> <p>In capital cases this court will assume more latitude in dealing with technicalities than in ordinary felony cases, and in the instant case, where the circumstances surrounding the trial were such as to satisfy this court, that the trial was affected by prejudice and feeling, the judgment will be reversed and the cause remanded.</p> <p>4. —Same—Practice on Appeal.</p> <p>Where, upon motion for rehearing it appeared that a part of the original opinion was probably erroneous the same will be withdrawn, otherwise the motion for rehearing by the State is overruled.</p>