McKinney v. State

Decided June 8, 1920

Alabama Court of Appeals · decided 1920-06-08

P. Almon, Judge. George McKinney was indicted upon a charge of murder in the second degree, and on his trial was convicted of manslaughter in the second degree, and, from the judgment, he appeals.

Relies on Bates v. State · Palmer v. State

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1920-06-08

How this case has been cited

Cited by 12 later decisions — most recently November 1978

1 federal appellate · 11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SAMFORD, J.

¶1 [1] The jury, acting within the court’s instructions, declined to fix the punishment, but left that to the court, the verdict being, “We, the jury, find the defendant guilty.” The court on this verdict adjudged the defendant guilty of manslaughter, in the second degree, and fixed his punish* ment at one year at hard labor and an additional period to pay the costs. The verdict of the jury will not sustain the judgment, and for that reason must be reversed. Bates v. State, 170 Ala. 26, 54 South. 432.

¶2 [2] This cause might also be rendered under authority of Palmer v. State, 3 Ala. App. 127, 57 South. 507, but for the fact that a plea of former jeopardy may be waived, and hence the cause is remanded.

¶3 Reversed and remanded.