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21 Ala. App. 376

108 So 645

Erwin v. State

Alabama Court of Appeals

Decided May 11, 1926

Alabama Court of Appeals · decided 1926-05-11

Relies on 21 Ala. App. 72 - Meadows v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1926-05-11

How this case has been cited

Cited by 7 later decisions — most recently October 1975

7 state decisions

40192619301940195019601970decided

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 The defendant was indicted •on a charge of assault to murder. The jury returned a verdict convicting the defendant of an assault. Upon this verdict the court rendered a judgment as follows: “It is therefore considered and adjudged by the court that the defendant is guilty of assault to murder as charged in the indictment.” This was the judgment of the court, and is not supported by the verdict of the jury. Such judgment was error, and for this error must be reversed. Meadows v. State, ante, p. 72, 105 So. 428.

¶2 .. Let the judgment be reversed and the cause be remanded.

¶3 Reversed and remanded.

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