Public-domain · open source
OpenJurist

15 Ala. App. 459

73 So 824

Burks v. State

Alabama Court of Appeals

Decided December 18, 1916

Alabama Court of Appeals · decided 1916-12-18

<p>Robbery.</p> <p>Criminal Law; Capital Case; Record. — While formerly it was necessary, where one was indicted for a capital felony, that the record show an order setting the case specially, and for a special venire under § 7264, Code 1907, it is now no longer necessary, in fact improper, that these orders should be shown by the record, unless some question is raised thereon in the trial court. (§ 6256, Code 1907, as amended by Acts 1915, p. 708.)</p>

Cited by 2 later decisions — most recently August 1930

2 state decisions

Relies on Harper v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1916-12-18

View the full empirical analysis of this case →

PELHAM, P. J.

¶1 The transcript in this case presents no bill of exceptions. The record proper shows an indictment, a finding of guilty, and a judgment and sentence of the court sentencing the defendant to imprisonment in the penitentiary for 10 years for robbery. The record shows that the defendant was indicted for a capital offense and does not show an order setting the case specially for trial and an order for a special venire; and while such orders, under provisions of section 7264 of the Code of 1907, were necessary to be shown to sustain a judgment of conviction (Harper v. State, 13 Ala. App. 47, 69 South. 302), it is no longer necessary — in fact, is not proper — that these orders should be shown by the record, unless some question was raised thereon before the trial court, since the act amendatory of section 6256 of the Code of 1907, adopted September 22, 1915. See Acts 1915, pp. 708, 709. The record is in due form and presents no reversible error.

¶2 Affirmed.

/15/alaapp/459 · .json · Public domain