Gardner v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Perry, Tried before Hon. M. J. Saeeold. The appellant, who was indicted for the murder of Toney Tinsal, was found guilty of manslaughter in the first degree, and sentenced to eight years’ imprisonment in the penitentiary. No bill of exceptions was reserved, and the appeal is taken on the record. The defendant was arraigned on the 18th of March and the -trial set for the 21st day of March, and actually took place on the 22d day of that month.
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Appeal from the Circuit Court of Perry, Tried before Hon. M. J. Saeeold. The appellant, who was indicted for the murder of Toney Tinsal, was found guilty of manslaughter in the first degree, and sentenced to eight years’ imprisonment in the penitentiary. No bill of exceptions was reserved, and the appeal is taken on the record. The defendant was arraigned on the 18th of March and the -trial set for the 21st day of March, and actually took place on the 22d day of that month. On the 18th of March an order was entered upon the minutes, that the defendant be served with a copy of the indictment…
1Opinion of the CourtPeck, C. J.
In the case of Lockett v. The State, at the last term, it is held, that in a criminal case, if the record shows that the jury was “ duly sworn according to law,” that was enough.
At the same term, in the case of Smith v. The State, it is said, “In a criminal case, the omission of an essential portion of the oath required to be administered to the jury, apparent from the record, is a reversable error.”
So, again, at the same term, in the case of McNeil v. The State, it is decided, that an appeal in a criminal case, where the judgment entry recites 'that the jury was sworn “to well and truly try…
2Cited by16 opinions
- Porter v. StateCourt of Criminal Appeals of Alabama · 1987
- Roberts v. StateSupreme Court of Alabama · 1881
- Vaughn v. StateSupreme Court of Alabama · 1938
- Abbott v. StateCourt of Criminal Appeals of Alabama · 1986
- Marks v. StateCourt of Criminal Appeals of Alabama · 1991
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