Robertson v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Heard before the Hon. George Goldthwaite. The appellant was indicted at the spring term, 1868, of said court, for the murder of one Moses Carr, and on the 7th May, 1868, a day of said term, was tried and found guilty. The questions of law decided in the case will be sufficiently understood from the opinion of the court.
1Opinion of the CourtA. J. Walker, C. J.
The verdict, in this case, fails to ascertain the degree of murder in which the defendant was guilty, and the court erred in passing sentence upon the verdict. The precise question is decided in Hall v. State, 40 Ala.; see, also, Revised Code, § 3657 (115); Johnson v. State, 17 Ala. 618; Cobia v. State, 16 Ala. 781; Dick v. State, 3 Ohio, 89; Parker v. State, 3 Ohio, 101; McGee v. State, 8 Mo. 495; State v. Upton, 20 Mo. 397 ; Kirby v. States, 7 Yerger, 659; Wharton's American Criminal Law, §§ 1115, 1121.
It is ingeniously argued by the Attorney General, that the punishment prescribed by the…
2Cases cited6 opinions
- Johnson v. StateSupreme Court of Alabama · 1850
- Cobia v. StateSupreme Court of Alabama · 1849
- McGee v. StateSupreme Court of Missouri · 1844
- State v. UptonSupreme Court of Missouri · 1855
- Turner v. StateSupreme Court of Alabama · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Levison v. StateSupreme Court of Alabama · 1875
- Gunter v. StateSupreme Court of Alabama · 1887
- Turner v. TurnerSupreme Court of Alabama · 1948
- Weaver v. StateAlabama Court of Appeals · 1911
- People v. TraversCalifornia Supreme Court · 1887
7 more not listed; retrieve them via the Exa API.