Cushman v. State

Supreme Court of Alabama

Cushman v. State

102 So. 917, 212 Ala. 693

CourtSupreme Court of Alabama

DecidedDecember 4, 1924

Docket6 Div. 171.

StatusPublished

This text of 102 So. 917 (Cushman v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cushman v. State, 102 So. 917, 212 Ala. 693 (Ala. 1924).

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Opinion

MILLER, J.

The defendant, Joe C. Cushman, was indicted for murder in the first degree — killing Kathleen Cushman. The jury found him guilty of murder in the first degree, as charged in the indictment, and fixed his punishment at imprisonment in the penitentiary for and during his life. The appeal is from this judgment of conviction, and is on the record proper, without the oral charge of the court, and without a bill of exceptions. The indictment follows the form for murder in the first degree, declared by the statute to be sufficient. ’ Form 76 under section 7161, Code 1907, for section' 7084, Code 1907. The rec-. *694 ord follows the forms and requisites of the statutes as to the drawing and summoning of the special venire, notice to the defendant of the venire, and the record of the trial, judgment, and sentence is regular and legal in form. There are no refused written charges, requested by the' defendant. We find many written charges in the record; all were requested by the defendant, and all were given by the court. The record is free from error, and the judgment is affirmed. Affirmed.

ANDERSON, O. J., and SAYRE and GARDNER, JJ., concur.

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MILLER, J.

The defendant, Joe C. Cushman, was indicted for murder in the first degree — killing Kathleen Cushman. The jury found him guilty of murder in the first degree, as charged in the indictment, and fixed his punishment at imprisonment in the penitentiary for and during his life. The appeal is from this judgment of conviction, and is on the record proper, without the oral charge of the court, and without a bill of exceptions. The indictment follows the form for murder in the first degree, declared by the statute to be sufficient. ’ Form 76 under section 7161, Code 1907, for section' 7084, Code 1907. The rec-. *694 ord follows the forms and requisites of the statutes as to the drawing and summoning of the special venire, notice to the defendant of the venire, and the record of the trial, judgment, and sentence is regular and legal in form. There are no refused written charges, requested by the' defendant. We find many written charges in the record; all were requested by the defendant, and all were given by the court. The record is free from error, and the judgment is affirmed. Affirmed.

ANDERSON, O. J., and SAYRE and GARDNER, JJ., concur.

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Bluebook (online)

102 So. 917, 212 Ala. 693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cushman-v-state-ala-1924.