Legal Opinion

Roberson v. State

Supreme Court of Alabama

Decided June 12, 1913PublishedCited by 45 opinions

Appeal from Marion Circuit Court. Bart Roberson was convicted of homicide and he appeals. For former appeals in this case see Roberson v. State, 175 Ala. 15, 57 South. 829; s. c. 5 Ala.

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Appeal from Marion Circuit Court. Bart Roberson was convicted of homicide and he appeals. For former appeals in this case see Roberson v. State, 175 Ala. 15, 57 South. 829; s. c. 5 Ala. App. 45, 59 South. 321. The court erred in not summoning a special venire, and in not serving a copy on the defendant. — MoStoean v. State, 57 South. 732; Jaolcson v. State, 55 South. 118; Ilaisten v. State, 59 South. 361; Kirby v. State, 59 South. 374. The fact that defendant filed a plea of former acquittal of murder in the first degree and that this plea ivas confessed by the state, does not relieve the…

1Opinion of the CourtMayfield, J.

— The defendant was indicted for murder in the first degree. He was convicted on a former trial of murder in the second degree only, and that judgment was reversed by this court on former appeal to this court.

Conviction of a lesser degree of crime than that charged in the indictment, under our law, is an acquittal of the charge of the higher degree of the same offense, though the judgment of conviction of the lesser offense be reversed on appeal.

However, for the defense to be availing on another trial, the defendant must specially plead it; and, unless he does plead it, he is held to have…

2Cases cited25 opinions

  1. Coffin v. United StatesSupreme Court of the United States · 1895
  2. Davis v. United StatesSupreme Court of the United States · 1895
  3. People v. GarbuttMichigan Supreme Court · 1868
  4. Morris v. StateSupreme Court of Alabama · 1906
  5. Gibson v. StateSupreme Court of Alabama · 1889

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3Cited by45 opinions

  1. Roan v. StateSupreme Court of Alabama · 1932
  2. McCord v. StateCourt of Criminal Appeals of Alabama · 1986
  3. State v. MillettSupreme Judicial Court of Maine · 1971
  4. Sanders v. StateSupreme Court of Alabama · 1965
  5. Talley v. WhitlockSupreme Court of Alabama · 1916

40 more not listed; retrieve them via the Exa API.

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