Crawford v. State

Court of Criminal Appeals of Alabama

Crawford v. State

279 So. 2d 142, 50 Ala. App. 731, 1973 Ala. Crim. App. LEXIS 1356

CourtCourt of Criminal Appeals of Alabama

DecidedJune 12, 1973

Docket6 Div. 593

StatusPublished

This text of 279 So. 2d 142 (Crawford v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Crawford v. State, 279 So. 2d 142, 50 Ala. App. 731, 1973 Ala. Crim. App. LEXIS 1356 (Ala. Ct. App. 1973).

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Opinion

PER CURIAM.

Crawford has filed a petition for a writ of error alleging that his death sentence for first degree murder is an error of law apparent on the record under Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346.

Crawford’s former case on appeal may be found in 48 Ala.App. 325, 264 So.2d 554.

Technically, we should issue the writ, have the record brought up and pass upon it to ascertain what every one knows, to wit: that Crawford is under sentence to be electrocuted. Inasmuch as the record on appeal, supra, contains the circuit court’s minute entry showing the death sentence, we pass over the steps of asking for and receiving a formal certification. See Ward v. Williams, 270 Ill. 547, 110 N.E. 821; Cook v. City of Austin, 161 Tex. 294, 340 S.W.2d 482. See Aaron v. State, 49 Ala.App. 402, 272 So.2d 609.

On authority of Hubbard v. State, 290 Ala. 118, 274 So.2d 298, we hereby modify the death sentence into one of imprisonment for life. The necessary mandate shall issue to the clerk of the circuit court of Jefferson County as in Hubbard, supra, provided.

Judgment modified.

ALMON, TYSON, HARRIS and DeCARLO, JJ., concur.

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PER CURIAM.

Crawford has filed a petition for a writ of error alleging that his death sentence for first degree murder is an error of law apparent on the record under Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346.

Crawford’s former case on appeal may be found in 48 Ala.App. 325, 264 So.2d 554.

Technically, we should issue the writ, have the record brought up and pass upon it to ascertain what every one knows, to wit: that Crawford is under sentence to be electrocuted. Inasmuch as the record on appeal, supra, contains the circuit court’s minute entry showing the death sentence, we pass over the steps of asking for and receiving a formal certification. See Ward v. Williams, 270 Ill. 547, 110 N.E. 821; Cook v. City of Austin, 161 Tex. 294, 340 S.W.2d 482. See Aaron v. State, 49 Ala.App. 402, 272 So.2d 609.

On authority of Hubbard v. State, 290 Ala. 118, 274 So.2d 298, we hereby modify the death sentence into one of imprisonment for life. The necessary mandate shall issue to the clerk of the circuit court of Jefferson County as in Hubbard, supra, provided.

Judgment modified.

ALMON, TYSON, HARRIS and DeCARLO, JJ., concur.

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279 So. 2d 142, 50 Ala. App. 731, 1973 Ala. Crim. App. LEXIS 1356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawford-v-state-alacrimapp-1973.

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