Helums v. State

Alabama Court of Appeals

Helums v. State

126 So. 183, 23 Ala. App. 401, 1930 Ala. App. LEXIS 37

CourtAlabama Court of Appeals

DecidedFebruary 11, 1930

Docket8 Div. 54.

StatusPublished

Cited by3 cases

This text of 126 So. 183 (Helums 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

Helums v. State, 126 So. 183, 23 Ala. App. 401, 1930 Ala. App. LEXIS 37 (Ala. Ct. App. 1930).

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Opinion

SAMFORD, J.

This appeal is on the record which discloses that this defendant was alone indicted and tried jointly with another separately indicted and charged with the same offense. There is nothing in the record to show that the joint trial was with the consent of defendant or that he had waived the right to a separate trial. Being separately indicted, the defendant is entitled to a separate trial, and a joint trial with another without the consent of the defendant or a waiver of the right by him appearing of record is error and cause for reversal. Martin v. State, 19 Ala. App. 432, 97 So. 768.

Reversed and remanded.

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SAMFORD, J.

This appeal is on the record which discloses that this defendant was alone indicted and tried jointly with another separately indicted and charged with the same offense. There is nothing in the record to show that the joint trial was with the consent of defendant or that he had waived the right to a separate trial. Being separately indicted, the defendant is entitled to a separate trial, and a joint trial with another without the consent of the defendant or a waiver of the right by him appearing of record is error and cause for reversal. Martin v. State, 19 Ala. App. 432, 97 So. 768.

Reversed and remanded.

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Bluebook (online)

126 So. 183, 23 Ala. App. 401, 1930 Ala. App. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/helums-v-state-alactapp-1930.

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