Stevens v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. A. H. Alston. Tlie appellants, Adolpbus and Walter Stevens, were jointly indicted for murder in the second degree for killing one Vester Henson, by shooting him with a pistol,- was convicted of manslaughter in the second degree and sentenced to three years’ imprisonment in the penitentiary.
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Appeal from the Circuit Court of Walker. Tried before the Hon. A. H. Alston. Tlie appellants, Adolpbus and Walter Stevens, were jointly indicted for murder in the second degree for killing one Vester Henson, by shooting him with a pistol,- was convicted of manslaughter in the second degree and sentenced to three years’ imprisonment in the penitentiary. The evidence for the State tended to show that on the day of the killing there was to be a trial of a case between the mother of the defendant and Vester Henson, the deceased; that this case was a suit in a justice of the peace court, in which…
1Opinion of the CourtTyson, J.
Upon, the authority of Driggers v. The State,(123 Ala. 46), and Wilkinson v. The State (106 Ala. 28), we must hold that there is enough expressed in the minute entry to show that the judgment of the court was invoked and pronounced.upon the guilt of the defendants. If it be conceded that the verdict of the jury as. expressed in writing was too uncertain and indefinite, a point we do not decide, to support- a judg-. ment of conviction, this defect was cured by what was said by them, in explanation of the written verdict. Since verdicts may be ore temos, the oral statement by the jury of their…
2Cases cited4 opinions
- Driggers v. StateSupreme Court of Alabama · 1898
- Wilkinson v. StateSupreme Court of Alabama · 1894
- State v. UnderwoodSupreme Court of Alabama · 1841
- Robinson v. StateSupreme Court of Alabama · 1875
3Cited by7 opinions
- Gobble v. StateCourt of Criminal Appeals of Alabama · 2010
- Hyche v. StateAlabama Court of Appeals · 1927
- Ivey v. StateCourt of Criminal Appeals of Alabama · 1979
- Smith v. StateCourt of Criminal Appeals of Alabama · 2000
- Svirbely v. StateCourt of Criminal Appeals of Alabama · 1974
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