Tipton v. State
Supreme Court of Alabama
Appeal from the City Court of Selma. Tried before the Hon. John W. Mabry. The appellants, John Tipton and Tom Tipton, were indicted and tried for the murder of Fred Robbins, were each convicted for murder in the first degree, and sentenced to be hanged.
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Appeal from the City Court of Selma. Tried before the Hon. John W. Mabry. The appellants, John Tipton and Tom Tipton, were indicted and tried for the murder of Fred Robbins, were each convicted for murder in the first degree, and sentenced to be hanged. The record entries, as shown by the transcript on the present appeal, show that upon the arraignment of the defendants, and after they had pleaded not guilty, it was ordered by the court that fifty-five jurors be allowed for the trial of the defendants, and that Monday, February 23, 1903, be set for the trial; and that the court then proceeded…
1Opinion of the CourtDowdell, J.
Section 4325 of Criminal Code relative to appeals to the Supreme Court reads as follow s: “Such transcript need not contain mere orders of continuance, nor the organization of the grand jury which found the indictment, nor the venire for any grand or petit jury, nor the organization of regular juries for the week or term -at which the case was tried, unless some question thereon was raised before the trial court; but in the absence of any such question, such proceedings are, upon appeal, presumed to have been regular and legal.”
It does not appear that defendants raised any question before the…
2Cited by6 opinions
- Hardley v. StateSupreme Court of Alabama · 1918
- Scott v. StateSupreme Court of Alabama · 1934
- Hatch v. StateSupreme Court of Alabama · 1906
- Harrell v. StateSupreme Court of Alabama · 1909
- Mathes v. StateAlabama Court of Appeals · 1911
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