Legal Opinion

Roberson v. State

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 10 opinions

Appeal'from the Circuit Court of Cullman. . Tried before the Hon. E. B. Almon. Luther Eoberson was-indicted, tried and convicted for the larceny of a coav. On the trial of the case, the eAddence for the State tended to show that the defendant Avas guilty as charged, and that he brought the coav to the city of Cullman and sold her to a butcher.

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Appeal'from the Circuit Court of Cullman. . Tried before the Hon. E. B. Almon. Luther Eoberson was-indicted, tried and convicted for the larceny of a coav. On the trial of the case, the eAddence for the State tended to show that the defendant Avas guilty as charged, and that he brought the coav to the city of Cullman and sold her to a butcher. The evidence for the defendant tended to show that he purchased the coav alleged to have been stolen from a man who brought it to his house, and that he, the defendant, did not know at the time of purchasing the coav that it had been stolen. The…

1Opinion of the CourtDowdell, J.

The judgment entry after reciting the verdict of guilty returned by the jury, then proceeds as follows: “On this the 30th day of March, 1899, the defendant being brought into open court and asked by the. court, if he had anything to say why the sentence of the law should not be passed upon him, says nothing. It is therefore considered by the court that the defendant he and he hereby is sentenced to be confined in the State penitentiary,” etc.

It has been decided in several cases by this court, that the language “it is therefore considered by the court,” or “it is adjudged by the court,” or…

2Cases cited4 opinions

  1. Wright v. StateSupreme Court of Alabama · 1893
  2. Wilkinson v. StateSupreme Court of Alabama · 1894
  3. Gray v. StateSupreme Court of Alabama · 1876
  4. Curry v. StateSupreme Court of Alabama · 1898

3Cited by10 opinions

  1. Hardaman v. StateAlabama Court of Appeals · 1919
  2. Watts v. StateSupreme Court of Alabama · 1920
  3. Scott v. StateSupreme Court of Alabama · 1934
  4. Stanfield v. StateAlabama Court of Appeals · 1912
  5. Carroll v. StateAlabama Court of Appeals · 1939

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