Wilson v. State, 4 Div. 63.
| Decision Date | 16 November 1939 |
| Docket Number | 4 Div. 63. |
| Citation | 238 Ala. 496,192 So. 54 |
| Parties | WILSON v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Russell County; J. S. Williams, Judge.
Hattie Mae Wilson was convicted of murder in the first degree, and she appeals.
Affirmed.
Thos. S. Lawson, Atty. Gen., for the State.
The appeal is on the record, there being no bill of exceptions. The only question on which the record invites consultation is the sufficiency of the judgment of conviction entered on the verdict of the jury: "The defendant is adjudged guilty of Murder in the 1st Degree" followed by a sentence to the penitentiary "for the term of her natural life."
The judgment, while it does not follow the usual and technical form "that it is considered, ordered and adjudged by the court that the defendant is guilty of murder in the first degree," is under the authorities sufficient to warrant a judgment of sentence; which necessarily implies a judgment of conviction. Carmichael v. State, 213 Ala. 264, 104 So. 638; Talbert v. State, 140 Ala. 96, 37 So. 78.
The record and proceeding of the Circuit Court appearing in all things regular, the judgment will be affirmed.
Affirmed.
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...the original record shows an issue tried by a jury impaneled and sworn according to law, and a verdict on that issue. See Wilson v. State, Ala.Sup., 192 So. 54; v. State, 202 Ala. 694, 81 So. 656. There are certain orders of the court required by law (section 8644, Code) to be made in capit......