Storey v. State
Supreme Court of Alabama
Appeal from Talladega Circuit Court. Tried before lion. LkÜoy F. Box. At tlie July term, 1S81, of said court, Phil, alias Philip Storey, and William Storey, were jointly indicted for tlie murder of Josiali Hall; and at a subsequent term they were tried, the jury returning the following verdict, as recited in the judgment-entry: “We, the jury, find the defendant William Storey not guilty, and find the defendant Philip Storey guilty, and sentence him to the penitentiary for…
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Appeal from Talladega Circuit Court. Tried before lion. LkÜoy F. Box. At tlie July term, 1S81, of said court, Phil, alias Philip Storey, and William Storey, were jointly indicted for tlie murder of Josiali Hall; and at a subsequent term they were tried, the jury returning the following verdict, as recited in the judgment-entry: “We, the jury, find the defendant William Storey not guilty, and find the defendant Philip Storey guilty, and sentence him to the penitentiary for two years.” The evidence introduced on behalf of the State tended to show, that, on the morning of the — day of May, 1881,…
1Opinion of the CourtSomekvtlle, J.
The judgment of conviction, in this ease must be reversed because of several errors apparent in the record.
In the first place, the verdict of the jury finds the defendant guilty generally, without specifying the degrey of the homicide. The Code requires that “when the jury fin'd the defendant guilty, under an indictment for murder, they must ascertain, by their verdict, whether it is murder in the first or second degree”-Code, 1876, § 4299. Our decisions have been uniform in holding that no judgment of conviction, under an indictment for murder, can be sustained, unless the verdict of the…
2Cases cited33 opinions
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- Pond v. PeopleMichigan Supreme Court · 1860
- Mitchell v. StateSupreme Court of Alabama · 1877
- Levison v. StateSupreme Court of Alabama · 1875
- Eiland v. StateSupreme Court of Alabama · 1875
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3Cited by103 opinions
- Tennessee v. GarnerSupreme Court of the United States · 1985
- Roan v. StateSupreme Court of Alabama · 1932
- Candi Ryder v. The City of Topeka and Michael MeyerCourt of Appeals for the Tenth Circuit · 1987
- Gibson v. StateSupreme Court of Alabama · 1889
- Jones v. StateSupreme Court of Alabama · 1913
98 more not listed; retrieve them via the Exa API.