Cardwell v. State
Alabama Court of Appeals
Appeal from Shelby Circuit Court. Heard before Hon. John Pelham. Roy Cardwell was convicted of homicide and he appeals. It is not sufficiently shown that defendant was present when the verdict was returned. — Wells v. The State, 147 Ala. 140. The court erred in permitting a witness for the prosecution to attend the sick juror and converse with him pending the progress of the trial. — Redd v. The State, 7 Port. 187; Go oh v. The State, 60 Ala. 39; Rains v. The State, 107 Ala.…
Read the full summary
Appeal from Shelby Circuit Court. Heard before Hon. John Pelham. Roy Cardwell was convicted of homicide and he appeals. It is not sufficiently shown that defendant was present when the verdict was returned. — Wells v. The State, 147 Ala. 140. The court erred in permitting a witness for the prosecution to attend the sick juror and converse with him pending the progress of the trial. — Redd v. The State, 7 Port. 187; Go oh v. The State, 60 Ala. 39; Rains v. The State, 107 Ala. 1.; Wells v. The State, supra.
1Opinion of the CourtWalker, P. J.
The objection is made that the record fails to show that the defendant was present in court Avhen the verdict of the jury was returned. The objection could not be sustained Avithout disregarding the plain import of the recitals of the minute entry, which affirms the personal presence of the defendant Avhen the trial was entered upon, and describes the trial as a continuous, uninterrupted proceeding until the judgment of the court was pronounced after the return of the verdict by the jury. The record sufficiently shows that the defendant was present in person when the verdict Avas returned…
2Cases cited4 opinions
- Grove v. City of KansasSupreme Court of Missouri · 1882
- Banks v. StateSupreme Court of Alabama · 1882
- Dix v. StateSupreme Court of Alabama · 1906
- Gurney v. Minneapolis & St. Croix Railway Co.Supreme Court of Minnesota · 1889
3Cited by6 opinions
- Donahoo v. StateCourt of Criminal Appeals of Alabama · 1979
- Hosey v. StateAlabama Court of Appeals · 1912
- Rogers v. WhiteAlabama Court of Appeals · 1916
- King v. RobinsonAlabama Court of Appeals · 1912
- Miller v. StateAlabama Court of Appeals · 1917
1 more not listed; retrieve them via the Exa API.