Legal Opinion

Bray v. State

Alabama Court of Appeals

Decided March 12, 1918No. 1 Div. 281PublishedCited by 17 opinions

Appeal from Circuit Court, Mobile County ; Norvelle R. Leigh, Jr., Judge. Thaddeus Bray, alias, was convicted of manslaughter, and he appeals. The person charged to have been slain was one Charles J. Adams. The method of the death was cutting. Officer Doyle testified that he arrested defendant after the killing, and defendant made a statement to him in regard to the killing.

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Appeal from Circuit Court, Mobile County ; Norvelle R. Leigh, Jr., Judge. Thaddeus Bray, alias, was convicted of manslaughter, and he appeals. The person charged to have been slain was one Charles J. Adams. The method of the death was cutting. Officer Doyle testified that he arrested defendant after the killing, and defendant made a statement to him in regard to the killing. The officer testified that he did not make any threats, and no one made any in hearing to induce the statement, and that no inducement or reward was offered to him; that he simply asked him why he killed the man, and…

1Opinion of the CourtBrown, P. J.

[1] It is well settled that the judgment of conviction in a criminal case must affirmatively show that the defendant pleaded to the indictment, or that, standing mute, the court caused the plea of not guilty to he entered for him. Code 1907, § 7565; Jackson v. State, 91 Ala. 55, 8 South. 773, 24 Am. St. Rep. 860; Hamilton v. State, 147 Ala. 110, 41 South. 940. See Clayton v. State, 78 South. 462. And the judgment cannot be aided or contradicted by the recitals in the bill of exceptions as to matters which must affirmatively appear in the record proper. 6 Mayf. Dig. 82, § 1; Taylor v. State,…

2Cases cited16 opinions

  1. Carroll v. StateSupreme Court of Alabama · 1853
  2. Jacobi v. StateSupreme Court of Alabama · 1901
  3. Walker v. StateSupreme Court of Alabama · 1908
  4. Helton v. Alabama Midland RailroadSupreme Court of Alabama · 1892
  5. Jackson v. StateSupreme Court of Alabama · 1890

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

3Cited by17 opinions

  1. Williams v. StateAlabama Court of Appeals · 1966
  2. Sexton v. StateAlabama Court of Appeals · 1940
  3. Parke v. DennardSupreme Court of Alabama · 1928
  4. Burton v. StateAlabama Court of Appeals · 1959
  5. Warren v. Territory of HawaiiCourt of Appeals for the Ninth Circuit · 1941

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

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