Strong v. State
Decision Date | 24 August 1971 |
Docket Number | 8 Div. 146 |
Citation | 252 So.2d 659,47 Ala.App. 238 |
Parties | Nick Jones STRONG v. STATE. |
Court | Alabama Court of Criminal Appeals |
Smith, Johnston, Walker & Morris, Huntsville, for appellant.
William J. Baxley, Atty. Gen., and John A. Yung, IV, Asst. Atty. Gen., for the State.
Murder in the first degree: sentence, death by electrocution.
On appeals our court is confined to the record certified to us by the trial court. Here the circuit clerk has sent us 'a Full, true and correct transcript, in said cause, except such parts of the record as are required to be omitted from the transcript.' (Italics added). Supreme Court Rule 25 specifies what matters are to be omitted from the transcript. See also Code 1940, T. 15, § 380. Arraignment is not designated for omission.
In this case the record shows the caption with the organization of the court, the indictment, the transcript of testimony, four photographic exhibits, two orders under Acts 525 and 526, September 16, 1963 and a 'judgment entry.'
This latter document reads as follows:
'JUDGMENT ENTRY
'A jury of twelve, eleven men and one woman, having been impanelled for the trial of said cause and having deliberated thereon, returns the following verdict: 'We, the Jury, find the Defendant, Nick Jones Strong, guilty of murder in the first degree and fix his punishment at death, /s/ Frederick T. Lewis, Jr., As Foreman.'
'Whereupon the Court called the Defendant, Nick Jones Strong before the Court and asked him if he had anything to say why the judgment of the Court should not be pronounced upon him and he said nothing.
'Whereupon the Court stated the following to the Defendant in open Court:
'Dated at Huntsville, Alabama, February 23, 1971.
John D. Snodgrass, Circuit Judge' In Jackson v. State, 91 Ala. 55, 8 So. 773, the opinion concludes as follows:
'There can be no trial on the merits in a criminal case until the defendant has pleaded not guilty, or this plea has been entered for him by the court-Fisher v. State, 46 Ala. 717, 723; Slocovitch v. State, Id. 227; Fernandez v. State, 7 Ala. 511; 1 Bish.Crim.Proc. § 468.
'Reversed and remanded.'
In Clayton v. State, 16 Ala.App. 432, 78 So. 462, per Samford, J., a recital of 'issue joined' sufficiently showed a plea to the indictment.
The case following Clayton, supra, was Bray v. State, 16 Ala.App. 433, 78 So. 463. Therein Brown, P.J., said the bill of exceptions could not contradict the record.
See also Spann v. Town of Hartford, 23 Ala.App. 17, 121 So. 436; Chesnut v. State, 35 Ala.App. 376, 47 So.2d 248; Huddleston v. State, 37 Ala.App. 57, 64 So.2d 90; Rorex v. State, 44 Ala.App. 112, 203 So.2d 294; McClendon v. State, 44 Ala.App. 558, 216 So.2d 302. Hines v. State, 238 Ala. 575, 192 So. 423, was also a record without arraignment being shown.
Additionally a record must show affirmatively the presence of counsel at arraignment. Hamilton v. Alabama, 368 U.S. 52, 82 S.Ct. 157, 7 L.Ed.2d 114 and Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799.
In view of the reversal we shall not detail the deficiencies of the questions used to examine prospective jurors as to fixed opinions regarding capital punishment. Rather we refer to the opinion of Harwood, J., in Jackson v. State, 285 Ala. 564, 234 So.2d 579, particularly:
...
To continue reading
Request your trial-
State v. Wester
...he asserts uphold this rule. They are Chesnut v. State, 35 Ala.App. 376, 47 So.2d 248 (1950), rule reaffirmed by Strong v. State, 47 Ala.App. 238, 252 So.2d 659 (1971); People v. Shoffner, 400 Ill. 174, 79 N.E.2d 200 (1948), with rule being applied in People v. Snively, 11 Ill.App.2d 579, 1......
-
Worrell v. State
...court on appeal is bound by the record and cannot look beyond it. Hernandez v. State, 50 Ala.App. 558, 280 So.2d 831; Strong v. State, 47 Ala.App. 238, 252 So.2d 659; Lewis v. State, 42 Ala.App. 166, 157 So.2d 38; Colburn v. State, 40 Ala.App. 248, 112 So.2d 800. Based on this fact we canno......
-
State v. Winters, 15354
...for him by the Court," Chesnut v. State, 35 Ala.App. 376, 47 So.2d 248, 248 (Ala.Ct.App.1950). See also Strong v. State, 47 Ala.App. 238, 252 So.2d 659 (Ala.Crim.App.1971), reversing a murder in the first degree conviction where defendant sentenced to death because no plea had been entered ......
- Strong v. State, 8 Div. 451