Davis v. State
Supreme Court of Alabama
Appeal. from the Circuit Court of Lowndes. Tried before the I-Ion. J. C. Bichaedson. The appellant in this case, Mose Davis, was indicted tried and convicted for murder in the first degree at the Spring term 1902 ■ of the Circuit Court of Lowndes County.
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Appeal. from the Circuit Court of Lowndes. Tried before the I-Ion. J. C. Bichaedson. The appellant in this case, Mose Davis, was indicted tried and convicted for murder in the first degree at the Spring term 1902 ■ of the Circuit Court of Lowndes County. In the minute entry of the judgment of conviction, after reciting the joinder of issue on the plea of not guilty, it is then stated .that “thereupon came a jury of good and lawful men, towit,” and after this there are the names of eleven jurors set out. After setting out the names of eleven persons, the judgment entry then continues as…
1Opinion of the Court
SHARPE, J.-
— A record entry of judgment can be amended nu.no pro tunc only upon record evidence or evidence quasi of record., — -Mayfield’s Dig. 119, § 16. Deficiencies in such evidence cannot be supplied by parol evidence. — Gunn v. Howell, 35 Ala. 144; Tanner v. Hays, 47 Ala. 722; Pryor v. Beck, 21 Ala. 393; Ex parte Gilmer, 64 Ala. 234; Hudson v. Hudson, 20 Ala. 364; Black on Judgments, § 165.
It was- proper on the trial of the State’s motion to receive as evidence the entries appearing on the trial docket. — The Governor v. Bancroft, 16 Ala. 605; Gay, Hardic & Co. v. Rogers, 109 Ala. 624.…
2Cases cited7 opinions
- Gunn v. HowellSupreme Court of Alabama · 1859
- Hudson v. HudsonSupreme Court of Alabama · 1852
- Ex parte GilmerSupreme Court of Alabama · 1879
- Pryor v. BeckSupreme Court of Alabama · 1852
- Governor v. BancroftSupreme Court of Alabama · 1849
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3Cited by1 opinion
- A. G. Story Mercantile Co. v. McClellanSupreme Court of Alabama · 1906