Cook v. State
Supreme Court of Alabama
From the Circuit Court of Greene. Tried before the Hon. Luther R. Smith. The indictment in this case contained several counts, charging the prisoner with burglary and grand larceny. There was a general verdict of “guilty as charged in the indictment,” and the court thereupon sentenced the defendant to imprisonment in the penitentiary for the term of two years, with an additional term to cover the costs.
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From the Circuit Court of Greene. Tried before the Hon. Luther R. Smith. The indictment in this case contained several counts, charging the prisoner with burglary and grand larceny. There was a general verdict of “guilty as charged in the indictment,” and the court thereupon sentenced the defendant to imprisonment in the penitentiary for the term of two years, with an additional term to cover the costs. The circumstances connected with the rendition of the verdict, as stated in the opinion of the court, are copied from the judgment-entry. There is no bill of exceptions in the record. cited…
1Opinion of the CourtManning, J.
-The offense with which defendant was charged by the indictment in this cause, is a felony according to section 4095 (3541) of the Code of 1876, because punishable by imprisonment in the penitentiary. In such a case, the defendant is entitled, as a right, to be present at the rendering of the verdict; and if rendered against him during his absence, it is void.— The State v. Hughes, 2 Ala. 102; Sperry v. The Commonwealth, 9 Leigh, (Va.) 623; S. C., 2 Lead. Cr. Cases, 449.
The record recites that, “upon returning their verdict” [guilty as charged in the indictment] “into court, the jury came in,…
2Cases cited2 opinions
- Waller v. StateSupreme Court of Alabama · 1867
- State v. HughesSupreme Court of Alabama · 1841
3Cited by32 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Wilson v. StateSupreme Court of Georgia · 1955
- Ex Parte BurtonSupreme Court of Alabama · 1994
- Lee v. StateAlabama Court of Appeals · 1943
- Berness v. StateSupreme Court of Alabama · 1955
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