Roberts v. State
| Court | Alabama Supreme Court |
| Writing for the Court | TYSON, J. |
| Citation | 30 So. 554,126 Ala. 74 |
| Parties | ROBERTS v. STATE. |
| Decision Date | 23 June 1900 |
30 So. 554
126 Ala. 74
ROBERTS
v.
STATE.
Supreme Court of Alabama
June 23, 1900
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. [30 So. 555.]
TYSON, J.
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12 practice notes
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Riley v. Wilkinson, 6 Div. 232.
...substitute judge, be shown 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 it was held that if the record showed that a special judge was presiding, his acts were not void, though th......
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Tillman v. State
...Schlungger v. State, 113 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 v. Slone, 2 Metc. (Ky.) 339; Ripley v. Mutual Home & Savings Ass'n, 154 Ind. 155, 56 N.E. 89; Crawford v. Law......
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Ex parte Washington, 837
...87, 38 So. 835, 110 Am.St.Rep. 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, ......
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Haynes v. State, 3 Div. 22
...was in all respects regular, and in strict compliance with the requirements of law obtaining in the premises.' Roberts v. State, 126 Ala. 74, 28 So. 741, 743, 30 So. 554. See also Riley v. Wilkinson, 247 Ala. 231, 23 So.2d The State's evidence tended to show that Mr. Chisholm's 25 horsepowe......
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13 cases
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Riley v. Wilkinson, 6 Div. 232.
...substitute judge, be shown 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 it was held that if the record showed that a special judge was presiding, his acts were not void, though th......
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Tillman v. State
...Schlungger v. State, 113 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 v. Slone, 2 Metc. (Ky.) 339; Ripley v. Mutual Home & Savings Ass'n, 154 Ind. 155, 56 N.E. 89; Crawford v. Law......
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Ex parte Washington, 837
...87, 38 So. 835, 110 Am.St.Rep. 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, ......
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Haynes v. State, 3 Div. 22
...was in all respects regular, and in strict compliance with the requirements of law obtaining in the premises.' Roberts v. State, 126 Ala. 74, 28 So. 741, 743, 30 So. 554. See also Riley v. Wilkinson, 247 Ala. 231, 23 So.2d The State's evidence tended to show that Mr. Chisholm's 25 horsepowe......
Request a trial to view additional results