Bates v. State
Supreme Court of Alabama
Appeal from Lowndes Circuit Court. Heard before Hon. J. C. Richardson. Fielder, alias Felder Bates, was convicted of manslaughter in the second degree, and he appeals. The court erred in directing the jury not to fix a punishment in the event they found the defendant guilty of manslaughter in the second degree, and consequently erred in fixing it himself. — Sec. 7092, Code 1907; Bankhead v. The State, 124 Ala. 18; Washington v. The State, 125 Ala. 44.
1Opinion of the CourtSayre, J.
Defendant ivas convicted of manslaughter in the second degree. The jury, acting within the court’s instructions, declined to fix the punishment, but left that for the court. The court sentenced defendant to hard labor for the term of one year. In this the court transcended its authority and committed reversible error. The punishment should have been assessed by the jury.
Section 7092 of the Criminal Code of 1907 provides that: “Any person who is convicted of manslaughter in the first degree must, at the discretion of the jury, he imprisoned in the penitentiary for not less than one nor more…
2Cases cited3 opinions
- Moss v. StateSupreme Court of Alabama · 1868
- Bankhead v. StateSupreme Court of Alabama · 1899
- Lacey v. StateSupreme Court of Alabama · 1877
3Cited by18 opinions
- Ex Parte TannerSupreme Court of Alabama · 1929
- Alford v. StateSupreme Court of Alabama · 1942
- Alford v. StateAlabama Court of Appeals · 1942
- Headrick v. StateCourt of Criminal Appeals of Alabama · 1970
- Smith v. StateAlabama Court of Appeals · 1929
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