McCaghren v. State

McCALL, Justice.

The defendant was convicted of murder in the first degree and sentenced to life imprisonment. The Court of Criminal Appeals affirmed his conviction. On petition, under Rule 39, Revised Rules of Practice in the Supreme Court, Appendix to Title 7, Recompiled Code, 1958, we granted a writ of certiorari to review the decision of the appellate court.

We construe the effect of the decision of the Court of Criminal Appeals to be that Tit. 30, § 63, Code of Alabama, 1940, was without a field of operation when the defendant was tried on November 15, 1971, because the decision of the…