Agee v. State
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Scrapp Agee and Leon Kitchen were indicted for murder. From a judgment of conviction, they appeal. The defendants were jointly indicted for murder in the first, degree. After arraignment and plea of not guilty, they moved for a severance of their trial, which was granted, and a certain day was fixed for the trial of this cause.
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Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Scrapp Agee and Leon Kitchen were indicted for murder. From a judgment of conviction, they appeal. The defendants were jointly indicted for murder in the first, degree. After arraignment and plea of not guilty, they moved for a severance of their trial, which was granted, and a certain day was fixed for the trial of this cause. With respect to the trial, the judgment entry is as follows: “And now again, on this the 22nd day of May, it being the day heretofore fixed and set apart for the trial of this cause, comes the. state…
1Opinion of the CourtSomerville, J.
(1, 2) The record in this case-exhibits the anomaly of a severence of the trial of two jointly indicted defendants, a trial of one of them, a verdict of guilty and judgment of conviction as to both of them, and a sentence upon both of them to life imprisonment.
Taking the judgment entry at its face value, it conclusively appears that Scrapp Agee was tried alone, and that Leon Kitchen was gratuitously declared guilty by the jury, and gratuitously and unlawfully adjudged guilty and sentenced by the court.
It is obvious that the judgment of conviction is a nullity as to Kitchen, and equally…
2Cases cited1 opinion
- Chaney v. StateAlabama Court of Appeals · 1912
3Cited by4 opinions
- Powell v. StateSupreme Court of Alabama · 1932
- Williams v. StateAlabama Court of Appeals · 1966
- Franklin v. StateAlabama Court of Appeals · 1940
- Franklin v. StateAlabama Court of Appeals · 1940