Legal Opinion

Pike v. State

Court of Criminal Appeals of Alabama

Decided August 17, 1971No. 7 Div. 103PublishedCited by 2 opinions

1Opinion of the Court

CATES, Judge.

Leaving the scene of a motor vehicle accident contrary to Act 427, July 9, 1945; fine of $500.00 and thirty days at hard labor, i. e., misdemeanor punishment.1

I

The jury returned for further instructions. In brief appellant contends that the failure of the court reporter to affirmatively note the presence of the accused is an error apparent on the.record.

Our rule in felony cases is that it is affirmatively mandatory that the record speak of the defendant as being personally present with counsel at arraignment and before passing sentence when the court indulges the convict…

2Cases cited8 opinions

  1. Berness v. StateSupreme Court of Alabama · 1955
  2. Lee v. StateSupreme Court of Alabama · 1943
  3. Frost v. StateSupreme Court of Alabama · 1932
  4. Lynn v. StateSupreme Court of Alabama · 1948
  5. Wells v. StateSupreme Court of Alabama · 1906

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Ex Parte AndersonSupreme Court of Alabama · 1983
  2. Whitt v. StateCourt of Criminal Appeals of Alabama · 1998

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