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McKinney v. State

86 So. 121, 17 Ala. App. 474, 1920 Ala. App. LEXIS 130
CourtAlabama Court of Appeals
DecidedJune 8, 1920
Docket8 Div. 707.
StatusPublished
Cited by5 cases

This text of 86 So. 121 (McKinney 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
McKinney v. State, 86 So. 121, 17 Ala. App. 474, 1920 Ala. App. LEXIS 130 (Ala. Ct. App. 1920).

Opinion

SAMFORD, J.

[1] The jury, acting within the court’s instructions, declined to fix the punishment, but left that to the court, the verdict being, “We, the jury, find the defendant guilty.” The court on this verdict adjudged the defendant guilty of manslaughter, in the second degree, and fixed his punish* ment at one year at hard labor and an additional period to pay the costs. The verdict of the jury will not sustain the judgment, and for that reason must be reversed. Bates v. State, 170 Ala. 26, 54 South. 432.

[2] This cause might also be rendered under authority of Palmer v. State, 3 Ala. App. 127, 57 South. 507, but for the fact that a plea of former jeopardy may be waived, and hence the cause is remanded.

Reversed and remanded.

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Related

Thomas v. State
365 So. 2d 1013 (Court of Criminal Appeals of Alabama, 1978)
Fuller v. State
21 So. 2d 705 (Alabama Court of Appeals, 1945)
Tanner v. State
121 So. 693 (Alabama Court of Appeals, 1929)
Smith v. State
121 So. 692 (Alabama Court of Appeals, 1929)
Hawes v. State
97 So. 114 (Alabama Court of Appeals, 1923)

Cite This Page — Counsel Stack

Bluebook (online)
86 So. 121, 17 Ala. App. 474, 1920 Ala. App. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckinney-v-state-alactapp-1920.