Morrell v. State
Supreme Court of Alabama
Appeal from tlie Circuit Court of Shelby. Tried before the Hon. John Phliiam. The appellant in this case, Lon Morrell, was indicted, and tried for the murder of Levi Morrell, was convicted of murder in the first degree, and sentenced to the penitentiary for life. When the defendant was arraigned for trial she pleaded not guilty, and the cause was set for trial for a succeeding day of the term of the court.
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Appeal from tlie Circuit Court of Shelby. Tried before the Hon. John Phliiam. The appellant in this case, Lon Morrell, was indicted, and tried for the murder of Levi Morrell, was convicted of murder in the first degree, and sentenced to the penitentiary for life. When the defendant was arraigned for trial she pleaded not guilty, and the cause was set for trial for a succeeding day of the term of the court. When the cause was called for trial on the day set therefor, the defendant, through her attorney, asked leave of the court to withdraw the plea of not guilty and put in the plea of not…
1Opinion of the CourtStiarpe, J.
Section 4939 of the Code requires that “when the defense, of insanity is set up in any criminal prosecution it must be by special plea, interposed at the time of arraignment ” etc. Defendant’s absolute right to defend on the ground of insanity wa.s lost by her failure to plea to that end when she was arraigned, and her right to thereafter interpose that defense was subject to the trial court’s discretion. If it be conceded that the court’s action in that regard can properly he reviewed, the revision cannot extend beyond the ascertainment of whether there was an abuse of discretion, and that…
2Cases cited3 opinions
- Roberts v. StateSupreme Court of Alabama · 1880
- Karr v. StateSupreme Court of Alabama · 1893
- Payne v. StateSupreme Court of Alabama · 1877
3Cited by24 opinions
- Hamilton v. AlabamaSupreme Court of the United States · 1961
- Deloney v. StateSupreme Court of Alabama · 1932
- State v. WallaceOregon Supreme Court · 1942
- Pueblo v. SuttonSupreme Court of Puerto Rico · 1911
- Baker v. StateSupreme Court of Alabama · 1923
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