Allen v. State
| Decision Date | 21 July 1904 |
| Citation | 37 So. 393,141 Ala. 35 |
| Parties | ALLEN v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Perry County; John Moore, Judge.
Jeff Allen was convicted of murder, and from an order directing the execution of the death sentence, defendant appeals. Dismissed.
Wm. F Hogue, for appellant.
Massey Wilson, Atty. Gen., for the State.
The appellant was indicted at the fall term, 1898, of the circuit court of Perry county for the murder of one Peter Munder, was tried and convicted at the fall term, 1899, of murder in the first degree, and the death penalty was fixed by the jury. There was a judgment and sentence by the court, pursuant to the verdict, and November 3, 1899, was fixed as the day for the execution of the sentence, but the defendant having prayed an appeal to the Supreme Court, at his instance the court made an order suspending the execution of the sentence pending the appeal, and until the same was passed upon by this court. On October 10, 1899, the defendant escaped from custody, and remained at large until September 13, 1903, at which time he was captured, and remanded to the custody of the sheriff of the county. At the fall term, 1903, the solicitor moved the circuit court to order the sheriff to produce the defendant in court, and for the court to fix a day for the execution of the defendant under the former judgment of conviction, as provided by section 5439 of the Criminal Code of 1896. The defendant objected to the granting of said motion, on the ground that an appeal had been taken to the Supreme Court from the judgment of conviction, and that the same was still pending and undisposed of, and that the circuit court was without jurisdiction and authority to pass a legal sentence upon him until the determination of such appeal. It was shown that at the time of the escape and flight of the defendant no certificate of appeal had been made by the clerk of the circuit court to this court, and nothing was ever afterwards done in the prosecution of such appeal. The circuit court overruled the defendant's objection to the motion, and sentenced the defendant to be executed on the 8th of January, 1904. From this sentence of the court, the present appeal is taken.
Section 4313 of the Criminal Code of 1896, relating to appeals by defendants in criminal cases, reads as follows: "Any person convicted of a criminal offense in the circuit court or other court from which an...
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