White v. State
Supreme Court of Alabama
EitOM tbe Circuit Court of Barbour. Tried before tbe lion. S. D. Hale. . In this case, Wilson White and Gideon B. Sanders were jointly indicted and tried for tbe murder of one Oliver Patterson, and wore found guilty of murder in tbe second degree; and it was thereupon “considered by tbe court, that tbe said defendants, Gideon E. Sanders and Wilson White, be confined in tbe penitentiary of tbe State of Alabama during their natural lifetime.”
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EitOM tbe Circuit Court of Barbour. Tried before tbe lion. S. D. Hale. . In this case, Wilson White and Gideon B. Sanders were jointly indicted and tried for tbe murder of one Oliver Patterson, and wore found guilty of murder in tbe second degree; and it was thereupon “considered by tbe court, that tbe said defendants, Gideon E. Sanders and Wilson White, be confined in tbe penitentiary of tbe State of Alabama during their natural lifetime.” White alone now complains of tbe sentence and judgment of tbe court.
1Opinion of the Court
RICE, O. J.
1. The punishment provided by section 3081 of the Code, for a person convicted of murder in tbe second degree, is imprisonment in tbe penitentiary, “for not less than ten years.” No limit to the duration of tbe imprisonment is declared. Tbe power to fix tbe imprisonment for that degree of murder, is not expressly conferred on tbe jury. Section 3621 of tbe Code declares, that “the court, in all cases, must fix tbe imprisonment, unless tbe power is expressly conferred on tbe jury.” Section 3623 declares, that “whenever an offender is punishable, on conviction, by imprisonment in the…
2Cited by4 opinions
- Coleman v. SmithSupreme Court of Alabama · 1876
- Sullivan v. StateSupreme Court of Alabama · 1922
- Langston v. StateAlabama Court of Appeals · 1931
- David v. StateSupreme Court of Alabama · 1866