Heard before Hon. W. W. Pearson. Scrapp Agee and Leon Kitchen were indicted for murder. From a judgment of conviction, they appeal. The defendants were jointly indicted for murder in the first, degree. After arraignment and plea of not guilty, they moved for a severance of their trial, which was granted, and a certain day was fixed for the trial of this cause.
Good law ✅— No negative treatment on recordhow we know
Affirmed in part, and in part reversed and remanded · Decided 1914-12-17
How this case has been cited
Cited by 6 later decisions — most recently September 1966
6 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.
¶1(1, 2) The record in this case-exhibits the anomaly of a severence of the trial of two jointly indicted defendants, a trial of one of them, a verdict of guilty and judgment of conviction as to both of them, and a sentence upon both of them to life imprisonment.
¶2Taking the judgment entry at its face value, it conclusively appears that Scrapp Agee was tried alone, and that Leon Kitchen was gratuitously declared guilty by the jury, and gratuitously and unlawfully adjudged guilty and sentenced by the court.
¶3It is obvious that the judgment of conviction is a nullity as to Kitchen, and equally obvious that it is without error as to Agee, who could not have been prejudiced by the gratuitous interjection of Kitchen’s name into the verdict and judgment.
¶4(3) As to Kitchen the judgment will be reversed, and the cause remanded; and as to Agee the judgment will be affirmed. — Chaney et al. v. State, 4 Ala. App. 89, 58 South. 685.
¶5Affirmed in part, and reversed and remanded in part.
Anderson, O. J., and Mayfield and Gardner. J.7 , concur.
