Stewart v. State

Supreme Court of Alabama

Stewart v. State

70 So. 719, 195 Ala. 670, 1916 Ala. LEXIS 312

DecidedJanuary 16, 1916

StatusPublished

This text of 70 So. 719 (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, 70 So. 719, 195 Ala. 670, 1916 Ala. LEXIS 312 (Ala. 1916).

Pincite

Opinion

SAYRE, J.

The assertion of counsel, that the record fails to show that defendant was arraigned and a day set for his trial as required by law, or that a special venire was drawn for the trial of defendant’s case, is not borne out by the transcript of the proceedings. The record shows a strict compliance with the statute in these and all other respects. The judgment entry concludes with a statement or order concerning the case of one Tom Johnson, “also indicted for a capital felony,” in another indictment; but that statement or order is foreign to the case of this defendant, and whether it shows compliance with the statute or not is immaterial here.

The judgment is affirmed.

Affirmed.

Anderson, C. J., and McClellan and Gardner, JJ., concur.

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SAYRE, J.

The assertion of counsel, that the record fails to show that defendant was arraigned and a day set for his trial as required by law, or that a special venire was drawn for the trial of defendant’s case, is not borne out by the transcript of the proceedings. The record shows a strict compliance with the statute in these and all other respects. The judgment entry concludes with a statement or order concerning the case of one Tom Johnson, “also indicted for a capital felony,” in another indictment; but that statement or order is foreign to the case of this defendant, and whether it shows compliance with the statute or not is immaterial here.

The judgment is affirmed.

Affirmed.

Anderson, C. J., and McClellan and Gardner, JJ., concur.

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Bluebook (online)

70 So. 719, 195 Ala. 670, 1916 Ala. LEXIS 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-state-ala-1916.