Cranford v. State
Alabama Court of Appeals
Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. Will Cranford was indicted and tried for an assault with intent to murder, was convicted of assault and battery, and fined $500, and from the judgment of conviction, he appeals.
1Opinion of the CourtSamford, J.
[1] The judgment entry fails to show that the defendant was aske’d “why the sentence of the law should not now be imposed upon him.” We have in mind the line of decisions in this state, beginning with Perry’s Case, 43 Ala. 21, and also the rule as laid down by the various text-writers, some of whom hold that the rule applies to misdemeanors; but the rule has been confined in Alabama to sentence imposed on a conviction for felony, and we are not willing to extend it beyond this. No technical rule should be continued or applied where it would tend to impede the execution of the judgments of…
2Cases cited10 opinions
- Smith v. StateAlabama Court of Appeals · 1913
- Barnett v. StateSupreme Court of Alabama · 1909
- Glass v. StateSupreme Court of Alabama · 1906
- Perry v. StateSupreme Court of Alabama · 1869
- Jacobs v. StateSupreme Court of Alabama · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sorrell v. ScheuerSupreme Court of Alabama · 1923
- Shepard v. StateAlabama Court of Appeals · 1925
- Estes v. StateAlabama Court of Appeals · 1922
- Frazier v. StateAlabama Court of Appeals · 1920
- Coleman v. StateAlabama Court of Appeals · 1924
2 more not listed; retrieve them via the Exa API.