Lewis v. State
Alabama Court of Appeals
Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Sim Lewis was adjudged guilty of murder in tbe first degree, and be appeals. Tbe original judgment showed a finding by tbe jury of guilty of murder in tbe first degree, and fixing of a punishment of imprisonment in tbe penitentiary for a term of 20 years.
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Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Sim Lewis was adjudged guilty of murder in tbe first degree, and be appeals. Tbe original judgment showed a finding by tbe jury of guilty of murder in tbe first degree, and fixing of a punishment of imprisonment in tbe penitentiary for a term of 20 years. This judgment seems to have been rendered on tbe 24th day of October, 1912. On October 31, 1913, tbe judgment was amended nunc pro tunc on motion of tbe solicitor heretofore filed so as to show a finding by tbe jury of guilty of murder in tbe second degree, and tbe fixing tbe…
1Opinion of the CourtWalker, P. J.
The motion for the amendment of the judgment nunc pro tunc, in setting out the verdict rendered by the jury and a different verdict as it appears in the part of the minute entry which purports .to recite the verdict rendered, shows the commission of a clerical error, which was amendable at a subsequent term by an entry made nunc pro tunc. The recitation in the minute entry of the fact of the rendition of the verdict, and of the contents of it, was the performance of the clerk of a clerical function. The miscopying of the verdict in such entry was a clerical error, which may be corrected nunc…
2Cases cited10 opinions
- Wilmerding v. Corbin Banking Co.Supreme Court of Alabama · 1899
- Ex parte RobinsonSupreme Court of Alabama · 1914
- Whorley v. Memphis & Charleston RailroadSupreme Court of Alabama · 1882
- Robinson v. StateAlabama Court of Appeals · 1912
- Bradford v. StateSupreme Court of Alabama · 1875
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3Cited by13 opinions
- Turner v. StateSupreme Court of Alabama · 1957
- Carter v. StateCourt of Criminal Appeals of Alabama · 1983
- Bowman v. StateAlabama Court of Appeals · 1968
- Blakely v. StateAlabama Court of Appeals · 1939
- Wright v. StateAlabama Court of Appeals · 1916
8 more not listed; retrieve them via the Exa API.