Melton v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Elmore. Tried before Hon. J. Q. Smith. The facts are sufficiently stated in the opinion.
1Opinion of the CourtB. E. Saeeold, J.
The appellant, on appeal from the county court to the circuit court, was convicted of an assault and battery, without objection on his part to any of the previous proceedings. Under section 3758 of the Revised Code, the jury only found him guilty, and left the imposition of the punishment to the court.
After the verdict was returned, the defendant moved the court to so amend the minutes as to make it appear that two of the jurors who tried the cause were rfot sworn. Upon the refusal of this motion, he applied to have the verdict set aside on that ground, and offered to prove that two of the…
2Cited by16 opinions
- Rowley v. StateIndiana Supreme Court · 1972
- Whitehurst v. StateCourt of Criminal Appeals of Alabama · 1973
- Jefferson County v. Berkshire Development Corp.Supreme Court of Alabama · 1964
- Loggins v. StateCourt of Criminal Appeals of Alabama · 1974
- Fowler v. StateSupreme Court of Alabama · 1954
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