Carr v. State

Alabama Court of Appeals

Carr v. State

129 So. 484, 23 Ala. App. 584, 1930 Ala. App. LEXIS 191

CourtAlabama Court of Appeals

DecidedJune 30, 1930

Docket8 Div. 138.

StatusPublished

Cited by5 cases

This text of 129 So. 484 (Carr 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

Carr v. State, 129 So. 484, 23 Ala. App. 584, 1930 Ala. App. LEXIS 191 (Ala. Ct. App. 1930).

Pincite

Opinion

RICE, J.

Appellant was convicted of the offense of murder in the second degree, and his. punishment fixed at imprisonment in the penitentiary for the term of twenty years.

The appeal is on the record proper, without biU of exceptions.

Appellant complains that, the indictment under which he was tried charging murder in the first degree, and the record disclosing that no special venire was drawn for the trial of his case as provided by Code 1923, § 8644, the judgment of conviction should be reversed as for a failure of the record to disclose a waiver by him of the special venire in the manner and form prescribed by Code 1923, § 8651.

Whatever might be the merits of this insistence if appellant had been convicted by the jury of the offense of murder in the first degree, it cannot avail him here, for the reason that his conviction of murder in the second degree operated to acquit him of the higher offense, and any error, if there was error, having regard solely to the charge of murder in the first degree, is harmless. Supreme Court Rule 45; Brewington v. State, 19 Ala. App. 409, 97 So. 763; Blair v. State, 22 Ala. App. 24, 113 So. 414.

We find no prejudicial error in the record, and the judgment of conviction is affirmed.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

RICE, J.

Appellant was convicted of the offense of murder in the second degree, and his. punishment fixed at imprisonment in the penitentiary for the term of twenty years.

The appeal is on the record proper, without biU of exceptions.

Appellant complains that, the indictment under which he was tried charging murder in the first degree, and the record disclosing that no special venire was drawn for the trial of his case as provided by Code 1923, § 8644, the judgment of conviction should be reversed as for a failure of the record to disclose a waiver by him of the special venire in the manner and form prescribed by Code 1923, § 8651.

Whatever might be the merits of this insistence if appellant had been convicted by the jury of the offense of murder in the first degree, it cannot avail him here, for the reason that his conviction of murder in the second degree operated to acquit him of the higher offense, and any error, if there was error, having regard solely to the charge of murder in the first degree, is harmless. Supreme Court Rule 45; Brewington v. State, 19 Ala. App. 409, 97 So. 763; Blair v. State, 22 Ala. App. 24, 113 So. 414.

We find no prejudicial error in the record, and the judgment of conviction is affirmed.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

129 So. 484, 23 Ala. App. 584, 1930 Ala. App. LEXIS 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carr-v-state-alactapp-1930.

Opinion

Related

Cite This Page — Counsel Stack