Fuller v. State
| Decision Date | 11 June 1896 |
| Citation | 110 Ala. 655,20 So. 1020 |
| Parties | FULLER v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Cleburne county; George E. Brewer, Judge.
Merrill & Bridges, for appellant.
W. C. Fitts, Atty. Gen., for the State.
Appellant was indicted for murder in the first degree. There was jury and verdict as follows: "We, the jury, find the defendant guilty as charged in the indictment, and fix his punishment at imprisonment in the penitentiary for life." This verdict was fatally defective in that it is not found thereby whether the defendant was guilty of murder in the first or in the second degree (Code, § 3728), and the judgment rendered thereon must be reversed. The cause is remanded.
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...State, 191 Ala. 13, 67 So. 979; Cobia v. State, 16 Ala. 781; Levison v. State, 54 Ala. 520; Storey v. State, 71 Ala. 329; Fuller v. State, 110 Ala. 655, 20 So. 1020; Brown v. State, 109 Ala. 70, 20 So. 103; v. State, 133 Ala. 88, 32 So. 627; Mitchell v. State, 210 Ala. 457, 98 So. 285. The ......
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