Rohn v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard before Hon. William E. Fort. Harry Rohn, alias Harry Rohm, was convicted of murder in the first degree, and he appeals. Being- without counsel, the court appointed counsel for defendant, who discussed the case with defendant on several occasions.
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Appeal from Jefferson Criminal Court. Heard before Hon. William E. Fort. Harry Rohn, alias Harry Rohm, was convicted of murder in the first degree, and he appeals. Being- without counsel, the court appointed counsel for defendant, who discussed the case with defendant on several occasions. The case was subsequently continued to the fall term of the court, and on November 30, 1912, the case was reset for trial on December 9, 1912, at which time a postponement was ordered until December 11th, and again postponed on that date until December 12, 1912, when the case was finally tried. In the…
1Opinion of the Court
SOMERVILLE, J. —
The rule is well settled in this state that the action of the trial court in refusing to allow additional pleas to be filed after the time prescribed by law is not revisable on appeal.—Craig v. Pierson Lumber Co., 179 Ala. 335, 60 South. 838 (where the cases are collected). We see no reason for making an exception in favor of the plea of “not guilty by reason of insanity.”
Section 7176 of the Code requires that this plea must be interposed at the time of arraignment, and failure to do so forfeits the right, and leaves the acceptance of the plea thereafter to- the unrevisable…
2Cases cited5 opinions
- Granberry v. StateSupreme Court of Alabama · 1913
- Granberry v. StateSupreme Court of Alabama · 1913
- Craig & Co. v. Pierson L. Co.Supreme Court of Alabama · 1913
- Rash v. StateSupreme Court of Alabama · 1878
- So. Ry. Co. v. CollinsSupreme Court of Alabama · 1912
3Cited by42 opinions
- Hamilton v. AlabamaSupreme Court of the United States · 1961
- Roan v. StateSupreme Court of Alabama · 1932
- Nichols v. StateSupreme Court of Alabama · 1958
- Smarr v. StateSupreme Court of Alabama · 1953
- Seibold v. StateSupreme Court of Alabama · 1970
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