Weaver v. State

Court of Criminal Appeals of Alabama

Weaver v. State

228 So. 2d 857, 45 Ala. App. 243, 1969 Ala. Crim. App. LEXIS 216

CourtCourt of Criminal Appeals of Alabama

DecidedOctober 21, 1969

Docket8 Div. 11

StatusPublished

Cited by2 cases

This text of 228 So. 2d 857 (Weaver 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

Weaver v. State, 228 So. 2d 857, 45 Ala. App. 243, 1969 Ala. Crim. App. LEXIS 216 (Ala. Ct. App. 1969).

Pincite

Opinion

PRICE, Presiding Judge.

Appellant was convicted of the offense of manslaughter in the first degree. She was sentenced to one year and one day in the state penitentiary.

After a full day of testimony, the appellant agreed to a separation of the jury overnight. Upon reconvening court the next morning the judge announced that one of the jurors was absent due to the death of his mother and announced that the case would be continued until the following Monday. The defendant moved for a mistrial. The motion was denied.

The motion for a mistrial was due to be granted. Spelce v. State, 20 Ala.App. 412, 103 So. 694; Hawes v. State, 88 Ala. 37, 7 So. 302.

The judgment is reversed and the cause is remanded.

Reversed and remanded.

ALMON, J., not sitting.

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