Stewart v. State

Supreme Court of Alabama

Stewart v. State

41 So. 631, 147 Ala. 137, 1906 Ala. LEXIS 197

CourtSupreme Court of Alabama

DecidedJune 14, 1906

StatusPublished

Cited by2 cases

This text of 41 So. 631 (Stewart 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

Stewart v. State, 41 So. 631, 147 Ala. 137, 1906 Ala. LEXIS 197 (Ala. 1906).

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Opinion

ANDERSON, J.

In all criminal cases, whether of felony or misdemeanor, the right of polling the jury is secured to either party. It is a right, however, like the right of trial by jury, which may be waived by the prisoner in case of misdemeanor. — Brown v. State, 63 Ala. 97. Tli return of a verdict in the absence of the defendant and a dispersion of the jury is irregular, and would operate as a reversal of the case, unless it was a misdemeanor and it appeal ed that the defendant had consented to such a return. — Jones v. State, 97 Ala. 77, 12 South. 274, 38 Am. St. Rep. 150; Wells v. State, 147 Ala. 41 South. 630. If the verdict is not received and recorded, it would not result in an acquittal'of the defendant, and the unauthorized dispersion of the jury would be good ground for a new trial and for a reversal by this court when the point is properly reserved. — Jones’ Case, supra; Hayes v. State, 107 Ala. 1, 18 18 South. 172.

In the case at bar, the verdict was not received and accepted or recorded by the court, and did not work an acquittal ; but, as the jury had dispersed before returning the verdict that was received, said verdict would not support a valid judgment of conviction, and the trial court erred in rendering judgment thereon over the objection of the defendant. The judgment of the circuit court is reversed, and the cause is remanded.

Reversed and remanded.

Weakley, C. J., and Tyson and Simpson, J j., concur.

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ANDERSON, J.

In all criminal cases, whether of felony or misdemeanor, the right of polling the jury is secured to either party. It is a right, however, like the right of trial by jury, which may be waived by the prisoner in case of misdemeanor. — Brown v. State, 63 Ala. 97. Tli return of a verdict in the absence of the defendant and a dispersion of the jury is irregular, and would operate as a reversal of the case, unless it was a misdemeanor and it appeal ed that the defendant had consented to such a return. — Jones v. State, 97 Ala. 77, 12 South. 274, 38 Am. St. Rep. 150; Wells v. State, 147 Ala. 41 South. 630. If the verdict is not received and recorded, it would not result in an acquittal'of the defendant, and the unauthorized dispersion of the jury would be good ground for a new trial and for a reversal by this court when the point is properly reserved. — Jones’ Case, supra; Hayes v. State, 107 Ala. 1, 18 18 South. 172.

In the case at bar, the verdict was not received and accepted or recorded by the court, and did not work an acquittal ; but, as the jury had dispersed before returning the verdict that was received, said verdict would not support a valid judgment of conviction, and the trial court erred in rendering judgment thereon over the objection of the defendant. The judgment of the circuit court is reversed, and the cause is remanded.

Reversed and remanded.

Weakley, C. J., and Tyson and Simpson, J j., concur.

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Bluebook (online)

41 So. 631, 147 Ala. 137, 1906 Ala. LEXIS 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-state-ala-1906.

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