Peggy Ostell Goldin v. State Alabama - Supreme Court of Alabama

Peggy Ostell Goldin v. State Alabama

By Supreme Court of Alabama

  • Release Date - Published: 1961-01-26
  • Book Genre: Law
  • Author: Supreme Court of Alabama
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Peggy Ostell Goldin v. State Alabama Supreme Court of Alabama read online review & book description:

SIMPSON, Justice. Peggy Ostell Goldin was indicted for the offense of murder in the first degree of Jackie Ray Lumpkin, deceased,
and upon trial was convicted of murder in the second degree and her punishment fixed at imprisonment in the penitentiary for
twenty-five years. Judgment was entered accordingly. Her pleas were 'not guilty' and 'not guilty by reason of insanity'. The
evidence was without dispute that appellant shot the deceased in the back with a pistol, thereby causing his death. The trial of appellant was set for August 31, 1959. The appellant on August 31, 1959 made a motion for a continuance based
on the premise that appellant could not obtain a fair and impartial trial at that time in DeKalb County because of a certain
newspaper article appearing in the Times-Journal, a local newspaper, published on August 27, 1959. Before beginning voir dire
examination of the jurors, the court gave an extensive and searching examination of the jurors as to their knowledge of the
newspaper publication, their bias which may have been created by the publication, and whether any one of them had a fixed
opinion as to appellant's guilt or innocence. There was no affirmative indication by any member of the venire from these inquiries
with reference to bias, ect., so the court overruled the motion for continuance. Thereafter, the jurors were qualified and
proceedings were recessed until the following morning. The next day, September 1, 1959, the appellant renewed her motion for
continuance on the ground that a second newspaper publication on September 1, 1959 in the Times-Journal prejudiced the defendant's
case against a fair trial. The court, after ascertaining that none of the prospective jurors had seen or read the article,
overruled the motion.

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