Anderson v. State

Decision Date30 June 1920
Docket Number6 Div. 26
Citation85 So. 789,204 Ala. 476
PartiesANDERSON v. STATE.
CourtAlabama Supreme Court

Appeal from Circuit Court, Tuscaloosa County; Henry B. Foster, Judge.

Roy Anderson was convicted of murder in the first degree, and appeals. Affirmed.

Sayre and Brown, JJ., dissenting.

J.Q. Smith, Atty. Gen., for the State.

GARDNER, J.

Appellant was convicted of murder in the first degree, and sentenced to life imprisonment in the penitentiary. The appeal is upon the record only, there being no bill of exceptions.

The order for the special venire is similar to that found in Duff Walker v. State, 85 So. 787, present term, which determines this question adversely to appellant. But, in addition to this, there was in the instant case no question raised in the court below as to the venire in any manner, and under the provisions of Acts 1915. p. 708, and Supreme Court rule 27 as amended (198 Ala. xv, 77 South. vii), it was unnecessary that the order appear in the transcript upon this appeal.

No other matter appearing in the transcript calls for comment. Suffice it to say, an examination of the record discloses no reversible error, and the judgment of conviction will be affirmed.

Affirmed.

ANDERSON, C.J., and McCLELLAN, SOMERVILLE, and THOMAS, JJ., concur.

SAYRE and BROWN, JJ., dissent.

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11 cases
  • Anderson v. State
    • United States
    • Alabama Supreme Court
    • November 2, 1922
    ...the order and drawing of the special venire was without prejudice to defendant. Walker v. State, 204 Ala. 474, 85 So. 787; Anderson v. State, 204 Ala. 476, 85 So. 789; Davis v. State, 205 Ala. 673, 88 So. 868; Charley v. State, 204 Ala. 687, 87 So. 177; Edwards v. State, 205 Ala. 160, 87 So......
  • Whittle v. State
    • United States
    • Alabama Supreme Court
    • January 27, 1921
    ... ... sufficiency of such order fixing the date of his trial. Upon ... appeal it is "presumed to have been regular." Acts ... 1915, pp. 708, 709, amending section 6256 of Code 1907; ... Hardley v. State, 202 Ala. 24, 79 So. 362; ... Clayton v. State, 78 So. 462; Anderson v ... State, 204 Ala. 476, 85 So. 789; Walker v ... State, 204 Ala. 474, 85 So. 787; McPherson v ... State, 198 Ala. 5, 73 So. 387. However, in the order of ... May 18, 1920, on defendant's first arraignment, we find ... the recital that it was "ordered and directed by the ... court that ... ...
  • Scott v. State
    • United States
    • Alabama Supreme Court
    • April 12, 1934
    ... ... upon appeal, presumed to have been regular and legal. Such ... are the express terms of the statute. Section 3249, Code ... 1923. See, also, Supreme Court Rule 27; Paitry v ... State, 196 Ala. 598, 72 So. 36; Johnson v ... State, 205 Ala. 665, 89 So. 55; Anderson v ... State, 204 Ala. 476, 85 So. 789; ... [154 So. 115.] ... Charley v. State, 204 Ala. 687, 87 So. 177; Vann v ... State, 207 Ala. 152, 92 So. 182." ... In view ... of the change in the statute (Gen. Acts 1915, p. 708)-its ... codification as section 3249 of the Code of ... ...
  • Baxley v. State
    • United States
    • Alabama Court of Appeals
    • June 20, 1921
    ... ... transcript does not contain, and in this case did not need to ... contain, the order covering the special venire, if one was in ... fact made, and it not appearing to the contrary, it will be ... presumed that all of the proceedings in this regard were ... regular. Acts 1915, p. 708; Anderson v. State, 204 ... Ala. 476, 85 So. 789. Besides, the judgment entry shows ... conformity to circuit court rule 30 ... The ... testimony of a prior difficulty between the joint defendant ... Folkes and the deceased was relevant as against Folkes ... Folkes v. State, 17 Ala.App ... ...
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