Phillips v. State
Supreme Court of Alabama
Appeal from Randolph Circuit Court. Heard before Hon. S. L. Brewer. Bill Phillips was convicted of murder, and he appeals.
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Appeal from Randolph Circuit Court. Heard before Hon. S. L. Brewer. Bill Phillips was convicted of murder, and he appeals. The original judgment sent to this court contained^ among other things the following: “The court also ordered the sheriff to serve on defendant -one entire day before the day fixed for the trial a copy of the indictment, together with a copy of the names of the fifty special jurors drawn, together with a copy of the names of the regular petit jurors organized for the second .week of this term of this court, and said fifty special jurors, together with the regular petit…
1Opinion of the CourtDenson, J.
A judgment may be amended at a subsequent term, nunc pro tunc, and pending an appeal therefrom; and the amendment, being properly certified to the court, will relate back to the rendition of the original judgment and be considered as curative of the defects in the record as it originally appeared in this court.. Seymour & Sons v. Thomas Harrow Company, 81 Ala.250, 1 South. 45; Independent, etc., Co. v. American etc, Co., 102 Ala. 475, 481, 15 South. 947. It is also settled by the decisions of this court that a judgment entry may be amended nunc pro tunc upon entries on the dockets,, as quasi…
2Cases cited21 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Rogers v. StateSupreme Court of Alabama · 1897
- Amos v. StateSupreme Court of Alabama · 1898
- Spicer v. StateSupreme Court of Alabama · 1881
- Dennis v. StateSupreme Court of Alabama · 1895
16 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Powell v. StateAlabama Court of Appeals · 1912
- Ex Parte HillSupreme Court of Alabama · 1924
- Minor v. StateAlabama Court of Appeals · 1917
- Terry v. StateAlabama Court of Appeals · 1915
- Chestnut v. StateAlabama Court of Appeals · 1913
21 more not listed; retrieve them via the Exa API.