Culpepper v. State
Alabama Court of Appeals
Appeal from Circuit Court, Pike County; A. B. Foster, Judge. Charlie Culpepper was charged with murder in the first degree, convicted of murder in the second degree, and he appealed. The record must affirmatively show that the defendant was present when the order was made fixing a day for the trial and ordering a special venire. 71 Ala. 17; Acts 1915, p. 708. The case cited by appellant has no application to the instant ease.
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Appeal from Circuit Court, Pike County; A. B. Foster, Judge. Charlie Culpepper was charged with murder in the first degree, convicted of murder in the second degree, and he appealed. The record must affirmatively show that the defendant was present when the order was made fixing a day for the trial and ordering a special venire. 71 Ala. 17; Acts 1915, p. 708. The case cited by appellant has no application to the instant ease. The rule has been entirely changed by Acts 1915, p. 708; 202 Ala. 24, 79 South. 362.
1Opinion of the Court
The defendant was convicted of murder in the second degree, and his punishment fixed at 10 years in the penitentiary. The record contains no bill of exceptions, and the time for filing same has expired.
There is no error in the record, and the judgment of conviction is affirmed.
Affirmed.
On Rehearing.
The only point raised by counsel for appellant in their application for rehearing is that it does not appear from the record that the defendant was present when the court made the order for the special venire to try the case and the order fixing the day for the trial of the case. By the provisions…
2Cases cited3 opinions
- Sylvester v. StateSupreme Court of Alabama · 1881
- Hardley v. StateSupreme Court of Alabama · 1918
- Redman v. StateAlabama Court of Appeals · 1913