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155 Ala. 39

Wright v. State

Supreme Court of Alabama

Decided April 9, 1908

Supreme Court of Alabama · decided 1908-04-09

Murder. Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. From a conviction of murder John Wright appeals. Counsel discuss various questions presented by the record with citations of authority but do not discuss the point decided.

Cited by 2 later decisions — most recently February 1948

2 state decisions

Relies on Sylvester v. State · Spicer v. State · Griggors v. State

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1908-04-09

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DOWDELL, J.

¶1The defendant was tried for a capital offense. The record fails to affirmatively show that the defendant was personally present in court when a day Avas set for the trial of his case. Under the former decisions of this court this is error, for Avhich the judgment of conviction must be reversed. Spicer v. State, 69 Ala. 159; Sylvester v. State, 71 Ala. 17; Hames v. State, 118 Ala. 674, 21 South. 341; Bowen v. State, 119 Ala. 7, 24 South. 551. The error above pointed out is the only reversible error we find in the record, and for this the judgment of the circuit court is reversed, and the cause is remanded.

¶2Reversed and remanded.

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