McKinney v. State
Alabama Court of Appeals
Appeal from Circuit Court, Franklin County ; C. P. Almon, Judge. George McKinney was indicted upon a charge of murder in the second degree, and on his trial was convicted of manslaughter in the second degree, and, from the judgment, he appeals.
1Opinion of the CourtSamford, J.
[1] The jury, acting within the court’s instructions, declined to fix the punishment, but left that to the court, the verdict being, “We, the jury, find the defendant guilty.” The court on this verdict adjudged the defendant guilty of manslaughter, in the second degree, and fixed his punish* ment at one year at hard labor and an additional period to pay the costs. The verdict of the jury will not sustain the judgment, and for that reason must be reversed. Bates v. State, 170 Ala. 26, 54 South. 432.
[2] This cause might also be rendered under authority of Palmer v. State, 3 Ala. App. 127, 57…
2Cases cited2 opinions
- Bates v. StateSupreme Court of Alabama · 1911
- Palmer v. StateAlabama Court of Appeals · 1912
3Cited by5 opinions
- Smith v. StateAlabama Court of Appeals · 1929
- Tanner v. StateAlabama Court of Appeals · 1929
- Hawes v. StateAlabama Court of Appeals · 1923
- Fuller v. StateAlabama Court of Appeals · 1945
- Thomas v. StateCourt of Criminal Appeals of Alabama · 1978