Hayes v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Bullock. Tried before the Hon. J. M. Carmichael, The appellant, Starling Hayes, was indicted and tried for grand larceny.
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Appeal from the Circuit Court of Bullock. Tried before the Hon. J. M. Carmichael, The appellant, Starling Hayes, was indicted and tried for grand larceny. After the introduction of all the evidence, the arguments of counsel and the charges to the jury, the jury retired to the jury room, adjoining the court room, with instructions from the judge that they must not separate during the recess of the court, which was taken upon their retirement, and if they arrived at a verdict, during, such. recess they should send for him. During this recess of the. court, in the absence of the presiding judge…
1Opinion of the Court
BRICKELL, O. J.
The writing the jury delivered to the clerk during the recess of the court, was in no proper sense a verdict. In all cases of felony, the verdict of the jury can be pronounced or rendered only in open court, in the presence of the judge and of the defendant. 1 Bish. Or. Proc., § 1001; State v. Hughes, 2 Ala. 102 ; Waller v. State, 40 Ala. 325 ; Cook v The State, 60 Ala. 39; Jones v. State, 97 Ala. 77 ; Jackson v. State, 102 Ala. 76. The court should not have recognized the writing as of any force. If after their voluntary dispersion, a'nd their reassemblage under the order of…
2Cases cited6 opinions
- Waller v. StateSupreme Court of Alabama · 1867
- Ned v. StateSupreme Court of Alabama · 1838
- State v. HughesSupreme Court of Alabama · 1841
- Cook v. StateSupreme Court of Alabama · 1877
- Jackson v. StateSupreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lee v. StateAlabama Court of Appeals · 1943
- Boreing v. BeardCourt of Appeals of Kentucky (pre-1976) · 1928
- Scott v. ParkerSupreme Court of Alabama · 1927
- Allen v. StateSupreme Court of Alabama · 1954
- Wells v. StateSupreme Court of Alabama · 1906
9 more not listed; retrieve them via the Exa API.