Roberts v. State
| Decision Date | 23 June 1900 |
| Citation | 30 So. 554,126 Ala. 74 |
| Parties | ROBERTS v. STATE. |
| Court | Alabama Supreme Court |
John Roberts was convicted of robbery, and appeals. Reversed.
For former opinion, see 28 So. 741.
It appears from the judgment entry that on the day of the arraignment of the defendant upon the indictment he was tried. "Capital punishment having been waived by consent," no day was set for the trial of the case, and no special jury was drawn as required. For this error the judgment of conviction must be reversed. Bankhead v. State, 124 Ala. 14, 26 So. 979. We have examined the record, and find no other error. Reversed and remanded.
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Riley v. Wilkinson, 6 Div. 232.
...by a writing or made to appear in the record. That legal status came on for consideration in Roberts v. State, 126 Ala. 74, 28 So. 741, 30 So. 554, in which was held that if the record showed that a special judge was presiding, his acts were not void, though there was no evidence of an agre......
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...Ind. 295, 15 N.E. 269; People v. Mellon, 40 Cal. 648; State v. Gilmore, 110 Mo. 1, 19 S.W. 218; Roberts v. State, 126 Ala. 74, 28 So. 741, 30 So. 554; Slone Slone, 2 Metc. (Ky.) 339; Ripley v. Mutual Home & Savings Ass'n, 154 Ind. 155, 56 N.E. 89; Crawford v. Lawrence, 154 Ind. 288, 56 N.E.......
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...20; Sellers v. Smith, 143 Ala. 566, 39 So. 356; Walker v. State, 142 Ala. 7, 39 So. 42; Roberts v. State, 126 Ala. 74, 28 So. 741, 30 So. 554; 8 Am. Eng.Ency.Law (2d Ed.) 781 et seq.; Id. 815 et seq.; Davis v. State, 153 Ala. 73, 45 So. 154; Cofer v. State, 168 Ala. 172, 52 So. 934. The pet......
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