Culpepper v. State
Alabama Court of Appeals
Appeal from Circuit Court, Pike County; A. B. Foster, Judge. Charlie Culpepper was charged with murder in the first degree, convicted of murder in the second degree, and he appealed. The record must affirmatively show that the defendant was present when the order was made fixing a day for the trial and ordering a special venire. 71 Ala. 17; Acts 1915, p. 708. The case cited by appellant has no application to the instant ease.
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Appeal from Circuit Court, Pike County; A. B. Foster, Judge. Charlie Culpepper was charged with murder in the first degree, convicted of murder in the second degree, and he appealed. The record must affirmatively show that the defendant was present when the order was made fixing a day for the trial and ordering a special venire. 71 Ala. 17; Acts 1915, p. 708. The case cited by appellant has no application to the instant ease. The rule has been entirely changed by Acts 1915, p. 708; 202 Ala. 24, 79 South. 362.
1Opinion
On Rehearing.
[2] The only point raised by counsel for appellant in their application for rehearing is that it does not appear from the record that the defendant was present when the court made the order for the special venire to try the case and the order fixing the day for the trial of the case. By the provisions of the act of 1915 (Acts 1915, p. 708, amending section 6256 of the Code), it is not necessary that the transcript contain the order of the court for a special venire, or fixing the day for the trial of the defendant, unless some question thereon was raised before the trial court,…
2Cases cited3 opinions
- Sylvester v. StateSupreme Court of Alabama · 1881
- Hardley v. StateSupreme Court of Alabama · 1918
- Redman v. StateAlabama Court of Appeals · 1913