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Legal Opinion

Hanby v. State

Alabama Court of Appeals

Decided April 9, 1957No. 1 Div. 712PublishedCited by 8 opinions

1Opinion of the Court

CATES, Judge.

Robert C. Hanby was tried by a jury in the Mobile Circuit Court on a one count indictment for voluntary manslaughter for the killing of Robert Manning with an automobile. The jury found him guilty of first degree manslaughter and fixed his punishment “at not more than one year.”

The court adjudged the defendant guilty as charged and sentenced him to the penitentiary for one year. The State confesses error in that imprisonment in the penitentiary is incorrect, Code 1940, Title 15, § 325, even though apparently called for under Title 14, § 322. This error, of course, could be cured…

2Cases cited32 opinions

  1. Edwards v. StateSupreme Court of Alabama · 1920
  2. Godfrey v. VinsonSupreme Court of Alabama · 1926
  3. Holloway v. StateAlabama Court of Appeals · 1952
  4. Rainey v. StateSupreme Court of Alabama · 1944
  5. Booth v. StateSupreme Court of Alabama · 1946

27 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Commander v. StateCourt of Criminal Appeals of Alabama · 1978
  2. White v. StateAlabama Court of Appeals · 1960
  3. Anderson v. StateAlabama Court of Appeals · 1959
  4. Davis v. StateAlabama Court of Appeals · 1958
  5. Tate v. StateCourt of Criminal Appeals of Alabama · 1976

3 more not listed; retrieve them via the Exa API.

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