Burks v. State

Alabama Court of Appeals

Burks v. State

73 So. 824, 15 Ala. App. 459, 1916 Ala. App. LEXIS 222

CourtAlabama Court of Appeals

DecidedDecember 18, 1916

StatusPublished

Cited by3 cases

This text of 73 So. 824 (Burks v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burks v. State, 73 So. 824, 15 Ala. App. 459, 1916 Ala. App. LEXIS 222 (Ala. Ct. App. 1916).

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Opinion

PELHAM, P. J.

The transcript in this case presents no bill of exceptions. The record proper shows an indictment, a finding of guilty, and a judgment and sentence of the court sentencing the defendant to imprisonment in the penitentiary for 10 years for robbery. The record shows that the defendant was indicted for a capital offense and does not show an order setting the case specially for trial and an order for a special venire; and while such orders, under provisions of section 7264 of the Code of 1907, were necessary to be shown to sustain a judgment of conviction (Harper v. State, 13 Ala. App. 47, 69 South. 302), it is no longer necessary — in fact, is not proper — that these orders should be shown by the record, unless some question was raised thereon before the trial court, since the act amendatory of section 6256 of the Code of 1907, adopted September 22, 1915. See Acts 1915, pp. 708, 709. The record is in due form and presents no reversible error.

Affirmed.

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PELHAM, P. J.

The transcript in this case presents no bill of exceptions. The record proper shows an indictment, a finding of guilty, and a judgment and sentence of the court sentencing the defendant to imprisonment in the penitentiary for 10 years for robbery. The record shows that the defendant was indicted for a capital offense and does not show an order setting the case specially for trial and an order for a special venire; and while such orders, under provisions of section 7264 of the Code of 1907, were necessary to be shown to sustain a judgment of conviction (Harper v. State, 13 Ala. App. 47, 69 South. 302), it is no longer necessary — in fact, is not proper — that these orders should be shown by the record, unless some question was raised thereon before the trial court, since the act amendatory of section 6256 of the Code of 1907, adopted September 22, 1915. See Acts 1915, pp. 708, 709. The record is in due form and presents no reversible error.

Affirmed.

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73 So. 824, 15 Ala. App. 459, 1916 Ala. App. LEXIS 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burks-v-state-alactapp-1916.

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