Thomas v. State
Alabama Court of Appeals
The court was in error in its oral charge as to the plea of insanity. 167 Ala. 14, 52 South. 840 ; 81 Ala. 577, 2 South. S54, 60 Am. Rep. 193; 139 Ala. 16, 36 South. 1012. Counsel discuss numerous other assignments of error, but without further citation of authority.
Read the full summary
The court was in error in its oral charge as to the plea of insanity. 167 Ala. 14, 52 South. 840 ; 81 Ala. 577, 2 South. S54, 60 Am. Rep. 193; 139 Ala. 16, 36 South. 1012. Counsel discuss numerous other assignments of error, but without further citation of authority. On rehearing counsel insists that the issue of not guilty by reason of insanity was an issue in the case. 146 Ala. 259, 40 South. 971; 204 Ala. 547, 86 South. 389; 185 Ala. 597, 64 South. 341. Harwell G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State. The issue of insanity was eliminated, or, if not…
1Opinion of the CourtBricken, P. J.
From a judgment of conviction for murder in the second degree) this appeal is taken.
[1] The record shows that the defendant filed a plea of not guilty, and not guilty by reason of insanity. According to the judgment entry, however, the defendant, for plea to the indictment, “says he is not guilty in the manner and form charged therein, and, issue being joined thereupon, comes also a jury,” etc. This recital in the judgment-entry is conclusive, and excludes all presumption of joinder of issue on any other plea. Dannelley v. State, 330 Ala. 132, 135, 30 South. 452; Jackson v. State, 142 Ala.…
2Cases cited7 opinions
- DeArman v. StateSupreme Court of Alabama · 1882
- Doss v. Wadsworth Red Ash Coal Co.Supreme Court of Alabama · 1914
- Providence Saving Life Insurance Society v. PruettSupreme Court of Alabama · 1908
- Holcombe v. StateAlabama Court of Appeals · 1919
- Jackson v. StateSupreme Court of Alabama · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bringhurst v. StateAlabama Court of Appeals · 1945
- Wadsworth v. StateAlabama Court of Appeals · 1922