Flannagin v. State

Court of Criminal Appeals of Alabama

Flannagin v. State

279 So. 2d 575, 50 Ala. App. 732, 1973 Ala. Crim. App. LEXIS 1358

CourtCourt of Criminal Appeals of Alabama

DecidedJune 12, 1973

Docket8 Div. 413

StatusPublished

This text of 279 So. 2d 575 (Flannagin 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.

Bluebook

Flannagin v. State, 279 So. 2d 575, 50 Ala. App. 732, 1973 Ala. Crim. App. LEXIS 1358 (Ala. Ct. App. 1973).

Pincite

Opinion

CATES, Presiding Judge.

Flannagin 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.

Flannagin’s former case on appeal may be found in 48 Ala.App. 559, 266 So.2d 637.

Technically, we should issue the writ, have the record brought up and pass upon it to ascertain what every one knows, to wit: that Flannagin 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 Lawrence County as in Hubbard, supra, provided.

Judgment modified.

All the Judges concur.

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

CATES, Presiding Judge.

Flannagin 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.

Flannagin’s former case on appeal may be found in 48 Ala.App. 559, 266 So.2d 637.

Technically, we should issue the writ, have the record brought up and pass upon it to ascertain what every one knows, to wit: that Flannagin 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 Lawrence County as in Hubbard, supra, provided.

Judgment modified.

All the Judges concur.

Cite This Page — Counsel Stack

Bluebook (online)

279 So. 2d 575, 50 Ala. App. 732, 1973 Ala. Crim. App. LEXIS 1358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flannagin-v-state-alacrimapp-1973.

Opinion

Related

Cite This Page — Counsel Stack