Blair v. State
| Decision Date | 11 January 1927 |
| Docket Number | 4 Div. 213 |
| Parties | BLAIR v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Denied March 8, 1927
Appeal from Circuit Court, Covington County; W.L. Parks, Judge.
Robert Blair was convicted of second degree murder, and he appeals. Affirmed.
Certiorari denied 113 So. 414.
A. Whaley, of Andalusia, for appellant.
Harwell G. Davis, Atty. Gen., for the State.
Appellant was convicted of the offense of murder in the second degree, and given a sentence to serve ten years in the penitentiary of the state.
An effort, abortive perhaps, was made to establish the bill of exceptions, by statutory proceedings in this court. Inasmuch as the Attorney General, in open court, has admitted that the bill of exceptions as presented by appellant's counsel is correct in so far as it goes, the court is of the opinion that, waiving technicalities, justice will be done by considering same as lawfully established. Accordingly it is ordered that the said bill of exceptions as it appears by separate paper in the record is the true and correct bill of exceptions in the cause.
But a single question is presented for our decision. It appears that appellant, under indictment for the offense of murder in the first degree, had been on a former trial convicted of the offense of murder in the second degree. On this trial he was not allowed a special venire of jurors, but, during the progress of the trial, and before the case went to the jury, the solicitor made a motion, which was granted, that the charge of the offense of murder in the first degree be nol. prossed. The appellant cannot complain. Brewington v. State, 19 Ala.App. 409, 97 So. 763; Williams v. State, 20 Ala.App. 604, 104 So. 280; Ex parte Williams, 213 Ala. 121, 104 So. 282.
There being no error in the record, the judgment is affirmed.
Affirmed.
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Clark v. State
...the Supreme Court's decision does not indicate a disapproval of the procedure in the nisi prius court. In the case of Blair v. State, 22 Ala.App. 24, 113 So. 414, certiorari denied 216 Ala. 463, 113 So. 414, 415, with some slight differences, the circumstances incident to the second trial w......
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Barnett v. State, 6 Div. 192.
... ... degree to which he would confine the State in its ... prosecution," seems to me to make it doubly clear that ... appellant suffered no injury by the action of the court made ... the basis, by the majority, of the reversal of the judgment ... of conviction. See Blair v. State, 22 Ala.App. 24, ... 113 So. 414, and, especially, the opinion of the Supreme ... [184 So. 706] ... in denying the petition for writ of certiorari in same, 216 ... Ala. 463, 113 So. 414 ... On ... Rehearing ... BRICKEN, ... Presiding Judge ... The ... ...
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McKanney v. State
...of murder in the first degree, is harmless. Supreme Court Rule 45; Brewington v. State, 19 Ala.App. 409, 97 So. 763; Blair v. State, 22 Ala.App. 24, 113 So. 414. We find no prejudicial error in the record, and the judgment of conviction is We are unwilling to charge the trial court with err......
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Corbett v. State
...the Court, the defendant would no longer be on trial for a capital offense. Ex parte Williams, 213 Ala. 121, 104 So. 282; Blair v. State, 216 Ala. 463, 113 So. 414. Thus, Rule 30 confers no constitutional or absolute right which must attend a defendant charged with a capital offense under a......