457 So. 2d 356
Decided September 14, 1984
Supreme Court of Alabama · decided 1984-09-14
Relies on Hayes v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1984-09-14
Cited by 18 later decisions — most recently December 2003
18 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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¶1SHORES, Justice.
¶2In quashing the writ, we note the fact that although the conviction for theft of property in the second degree is a nullity (having been announced after the jury was dismissed and after the defendant had left the courtroom, Hayes v. State, 107 Ala. 1, 18 So. 172 (1894)), this in no way affects the sentence of the defendant under the Habitual Felony Offender Act for burglary in the third degree, the defendant having been convicted of two prior felonies.
¶3WRIT QUASHED.