Evans v. State
Alabama Court of Appeals
Appeal from Circuit Court, Cherokee County; W. W. Haralson, Judge. Norman Evans was convicted of assault with intent to murder, and he appeals. The original record contained no judgment. In response to the first certiotari, the clerk of the trial court forwarded the judgment containing the presently important words: “Wo, the jury, find the defendant guilty of an assault to murder as charged in the indictment.
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Appeal from Circuit Court, Cherokee County; W. W. Haralson, Judge. Norman Evans was convicted of assault with intent to murder, and he appeals. The original record contained no judgment. In response to the first certiotari, the clerk of the trial court forwarded the judgment containing the presently important words: “Wo, the jury, find the defendant guilty of an assault to murder as charged in the indictment. It is therefore considered and adjudged by the court that the defendant is guilty of an assault to murder as charged in the indictment.” This judgment bears date July 30, 1918. At a…
1Opinion of the CourtBricken, J.
The record as originally filed omitted the judgment of conviction. Upon a return to the writ of certiorari, the judgment as so certified disclosed that the defendant was convicted for assault to murder, omitting the recital that the assault was with intent to murder. Thereafter the solicit- or of the Ninth judicial circuit filed a motion to amend the judgment nunc pro tunc. A hearing was had on this motion on April 1, 1919, and granted. Thereafter an additional writ of certiorari was issued from this court, directed to the clerk of the circuit court of Cherokee county, to certify to this…
2Cases cited10 opinions
- Hammond v. StateSupreme Court of Alabama · 1906
- De Bardeleben v. StateAlabama Court of Appeals · 1918
- Heningburg v. StateSupreme Court of Alabama · 1907
- Yonge v. BroxsonSupreme Court of Alabama · 1853
- Cosby v. StateSupreme Court of Alabama · 1918
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3Cited by10 opinions
- Butler v. WaltonAlabama Court of Appeals · 1951
- Jones v. DanielAlabama Court of Appeals · 1949
- Emergency Aid Life Ass'n v. GambleAlabama Court of Appeals · 1949
- Stephens v. StateAlabama Court of Appeals · 1920
- Tucker v. City of BirminghamAlabama Court of Appeals · 1950
5 more not listed; retrieve them via the Exa API.