Dover v. State
Supreme Court of Alabama
Apx’kaR from Eibb Circuit Court. Tried before Hon. Jamics E Cobb. Peter Dover, the appellant and petitioner in these cases, having been indicted and tried for murder, the juj-y returned into court a verdict in these words: “ We, the jury, find the defendant guilty as charged in the indictment, and assess his punishment to imprisonment for life in the State penitentiary.”
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Apx’kaR from Eibb Circuit Court. Tried before Hon. Jamics E Cobb. Peter Dover, the appellant and petitioner in these cases, having been indicted and tried for murder, the juj-y returned into court a verdict in these words: “ We, the jury, find the defendant guilty as charged in the indictment, and assess his punishment to imprisonment for life in the State penitentiary.” This verdict was received by the court, and after being polled by the defendant, the jury were'then discharged by the court from the further consideration of the case. Soon after they were discharged, and after they had…
1Opinion of the CourtStone, J.
The present application is not distinguishable in principle from the question ruled on in Waller v. The State, 40 Ala. 325, 333. In that case it was contended that the prisoner ought to be discharged from custody, “ on the ground that, upon the verdict as originally returned into court, no sentence could have been pronounced, and that he was entitled to judgment of acquittal thereon.” This court replied, that it could not assentto such a proposition. And in 1 Bish. O. Proc. § 1016, it is said : “ If the jury bringin a defective verdict, it is in the power equally of the prisoner and the…
2Cases cited9 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Ex Parte ParksSupreme Court of the United States · 1876
- Storey v. StateSupreme Court of Alabama · 1882
- Waller v. StateSupreme Court of Alabama · 1867
- State v. RedmanSupreme Court of Iowa · 1864
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Brown v. StateSupreme Court of Alabama · 1895
- Gunter v. StateSupreme Court of Alabama · 1887
- Ex Parte TannerSupreme Court of Alabama · 1929
- Washington v. StateSupreme Court of Alabama · 1899
- Weaver v. StateAlabama Court of Appeals · 1911
12 more not listed; retrieve them via the Exa API.