Morgan v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before Hon. W. L. Whitlock. The appellant was convicted of rape. He was in actual confinement, but no copy of the indictment or venire were served upon him as required by law, one entire day before the day set for his trial. Before sentence, he moved in arrest of judgment, and his motion, as well, as the proof offered to support it, were made part of the record in the entry overruling the motion.
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Appeal from the Circuit Court of Calhoun. Tried before Hon. W. L. Whitlock. The appellant was convicted of rape. He was in actual confinement, but no copy of the indictment or venire were served upon him as required by law, one entire day before the day set for his trial. Before sentence, he moved in arrest of judgment, and his motion, as well, as the proof offered to support it, were made part of the record in the entry overruling the motion. This entry was as follows : “ Comes the defendant, and moves the court to set aside the verdict and to arrest judgment thereon, on the following…
1Opinion of the CourtPetebs, J.
This is an appeal from a judgment of conviction on a prosecution for rape. This offense is a capital crime, as the defendant is subject to the punishment of death. — (Rev. Code, § 3661; 1 Bouv. L. Dict., word, Capital Crime, p. 240.) The rule of law, fixing the rights of the accused in such a case, is very clearly laid down in the Code. It is this : “ If the defendant is indicted for a capital offense, and is in actual confinement, a copy of the indictment, and a list of the jurors summoned for his trial, including the regular jury, must be delivered to him at least one entire day before the…
2Cases cited3 opinions
- Brister v. StateSupreme Court of Alabama · 1855
- Franklin v. StateSupreme Court of Alabama · 1856
- Williamson v. Branch Bank at MontgomerySupreme Court of Alabama · 1842
3Cited by7 opinions
- Leith v. StateSupreme Court of Alabama · 1921
- Mitchell v. StateSupreme Court of Alabama · 1943
- Butler v. StateSupreme Court of Alabama · 1882
- Rash v. StateSupreme Court of Alabama · 1878
- Haisten v. StateAlabama Court of Appeals · 1912
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