Wright v. State

Citation155 Ala. 39,46 So. 229
PartiesWRIGHT v. STATE.
Decision Date09 April 1908
CourtSupreme Court of Alabama

Appeal from Circuit Court, De Kalb County; W. W. Haralson, Judge.

John Wright appeals from a conviction. Reversed and remanded.

Howard & Hunt, for appellant.

Alexander M. Garber, Atty. Gen., for the State.

DOWDELL, J.

The defendant was tried for a capital offense. The record fails to affirmatively show that the defendant was personally present in court when a day was set for the trial of his case. Under the former decisions of this court this is error, for which the judgment of conviction must be reversed. Spicer v. State, 69 Ala. 159; Sylvester v. State, 71 Ala. 17; Hames v. State, 113 Ala. 674, 21 So. 341; Bowen v. State, 119 Ala. 7, 24 So. 551. The error above pointed out is the only reversible error we find in the record, and for this the judgment of the circuit court is reversed, and the cause is remanded.

Reversed and remanded.

TYSON, C.J., and ANDERSON and McCLELLAN, JJ., concur.

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2 cases
  • Whittle v. State
    • United States
    • Alabama Supreme Court
    • January 27, 1921
    ...the statute in fixing the date of defendant's trial on the indictment for murder. Green v. State, 160 Ala. 1, 49 So. 676; Wright v. State, 155 Ala. 39, 46 So. 229; v. State, 69 Ala. 159. Insistences of defendant (as appellant) are that there was error in overruling his motion to quash the (......
  • Thompson v. John W. O'Neil & Co.
    • United States
    • Alabama Supreme Court
    • April 14, 1908

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