Robinson v. State
Alabama Court of Appeals
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Carson Robinson was convicted of manslaughter in the first degree, and he appeals.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Carson Robinson was convicted of manslaughter in the first degree, and he appeals. The court erred in the admission of evidence. — Chamhlee v. The State, 78 Ala. 466. The verdict will not support the judgment entered. — Section 7620, Code 1907; Zaner v. The State, 8 South. 698; Ex parte Thomas, 113 Ala. 1; Henderson v. The State, 98 Ala. 45. There is but one error in the record, and that is in the sentence pronounced. Hence, the court will enter a reversal back to the verdict and remand the cause for the imposition of the…
1Opinion of the CourtWalker, P. J.
The provision of section 7620 of the Code that, “in all cases in which the imprisonment or sentence to hard labor is twelve months or less, the party must be sentenced to imprisonment in the county jail, or to hard labor for the county,” having originally been enacted at a later date, has the effect of amending section 7092 of the Code, and of modifying the provision of the last-mentioned section that “any person who is convicted of manslaughter in the first degree must, at the discretion of the jury, be imprisoned in the penitentiary for not less than one nor more than ten years;” a result…
Also in this document: Per curiam.
2Cases cited4 opinions
- Ex parte ThomasSupreme Court of Alabama · 1896
- Zaner v. StateSupreme Court of Alabama · 1891
- Ex parte GoucherSupreme Court of Alabama · 1893
- Washington v. StateSupreme Court of Alabama · 1897
3Cited by19 opinions
- Ex parte RobinsonSupreme Court of Alabama · 1914
- Minto v. StateAlabama Court of Appeals · 1913
- Howard v. StateAlabama Court of Appeals · 1931
- Lewis v. StateAlabama Court of Appeals · 1913
- Green v. StateAlabama Court of Appeals · 1931
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