Legal Opinion

Bryant v. State

Alabama Court of Appeals

Decided January 7, 1964No. 2 Div. 112PublishedCited by 6 opinions

1Opinion of the Court

JOHNSON, Judge.

The indictment is for a felony, i. e., buying, receiving or concealing stolen property, a cow.

The judgment entry shows the defendant appeared before the court in person and by his attorney and entered a plea of guilty but omits any reference of allocutus by the court to the prisoner.

Title 15, Section 389, Code of Alabama, 1940, requires the appellate courts of this State to consider all questions apparent on the record. Such an inquiry of a prisoner prior to pronouncement of sentence is mandatory in a felony case. The error, however, is not cause for reversal, but only for…

2Cases cited2 opinions

  1. Smith v. StateAlabama Court of Appeals · 1939
  2. Robinson v. StateAlabama Court of Appeals · 1960

3Cited by6 opinions

  1. Pueblo v. HernándezSupreme Court of Puerto Rico · 1967
  2. Goolsby v. StateAlabama Court of Appeals · 1967
  3. Simmons v. StateAlabama Court of Appeals · 1969
  4. Banks v. StateAlabama Court of Appeals · 1967
  5. Goolsby v. StateAlabama Court of Appeals · 1967

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