Legal Opinion
Ex Parte Morrissette
Supreme Court of Alabama
Decided June 28, 1917No. 2 Div. 650PublishedCited by 6 opinions
Certiorari to Court of Appeals. • Oscar Morrissette was convicted of an assault with intent to murder, and appealed to the Court of Appeals, where the judgment was affirmed (75 South. 177), whereupon he brings petition for certiorari.
1Opinion of the CourtAnderson, C. J.
Section 7623 of the Code of 1907 says:
“When an offense is punishable by imprisonment in the penitentiary,- or hard labor for the county, the court must impose the term of punishment unless the power is expressly conferred on the jury.”
This defendant was indicted and tried for an assault to murder, under section 6309 of tlie Code, and which said section does not confer the power to fix the punishment upon the jury, and it should therefore have been fixed by the court, under the terras of section 7623 of the Code. While the jury attempted to fix the punishment, the court had the right to treat…
2Cases cited3 opinions
- Martin v. StateSupreme Court of Alabama · 1899
- Leoni v. StateSupreme Court of Alabama · 1870
- Taylor v. StateSupreme Court of Alabama · 1896
3Cited by6 opinions
- Moss v. StateCourt of Criminal Appeals of Alabama · 1988
- O'Berry v. StateCourt of Criminal Appeals of Alabama · 1978
- Baldwin v. StateAlabama Court of Appeals · 1936
- Howard v. StateAlabama Court of Appeals · 1951
- Harris v. StateAlabama Court of Appeals · 1957
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