Washington v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The defendant was indicted and tried for murder, and was convicted of manslaughter in the first degree.
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Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The defendant was indicted and tried for murder, and was convicted of manslaughter in the first degree. Upon the return of the verdict of the jury, which is copied in the opinion, the defendant moved the court in arrest of judgment, upon the ground that the verdict of the jury was contrary to law and was unauthorized, by reason of the fact that under section 4492 of the Code of 1886 (§ 5412, Code of 1896), the jury had no discretion and no authority to fix the kind or character of punishment to be inflicted upon the…
1Opinion of the CourtBrickell, C. J.
It ought to be regarded as fully and finally settled by the decisions of this^court that upon a conviction of manslaughter in the first degree the power of thé jury is exhausted when, with their verdict of guilty, they fix the period or number of years the punishment is to continue. — Code of 1896, §5412, and cases cited in the note thereto. In the present case the jury by their verdict found the defendant guilty of manslaughter in the first degree and undertook to fix his punishment at two years hard labor .for the' county of Mobile. It is here insisted that the .sentence is illegal, not…
2Cases cited3 opinions
- Evans v. StateSupreme Court of Alabama · 1895
- Zaner v. StateSupreme Court of Alabama · 1891
- Ex parte BrownSupreme Court of Alabama · 1893
3Cited by7 opinions
- Ex parte RobinsonSupreme Court of Alabama · 1914
- Robinson v. StateAlabama Court of Appeals · 1912
- Hicks v. StateAlabama Court of Appeals · 1926
- Roden v. StateAlabama Court of Appeals · 1915
- McIntosh v. StateSupreme Court of Alabama · 1937
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