TaiLexi AI U.S. Case Law

McKinney v. State

McKinney v. State.

McKinney v. State, 86 So. 121 (Ala. Ct. App. 1920)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Alabama Court of Appeals · State Appellate Courts
Decided
June 8, 1920
Docket
No. 8 Div. 707.
Judges
Samford
Citations
86 So. 12117 Ala. App. 4741920 Ala. App. LEXIS 130
Disposition
Reversed and remanded.
Headnotes
1. Homicide For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
Summary
Appeal from Circuit Court, Franklin County ; C. 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.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Samford

SAMFORD, J.

[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]

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.

Reversed and remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1923: 11929: 21945: 11978: 119232026peak 1929 · 2

Relies on it most ⓘ

  1. Smith v. State121 So. 692 (Ala. Ct. App. 1929)
  2. Tanner v. State121 So. 693 (Ala. Ct. App. 1929)
  3. Hawes v. State97 So. 114 (Ala. Ct. App. 1923)
  4. Fuller v. State21 So. 2d 705 (Ala. Ct. App. 1945)
  5. Thomas v. State365 So. 2d 1013 (Ala. Crim. App. 1978)

Most recent

  1. Thomas v. State365 So. 2d 1013 (Ala. Crim. App. 1978)
  2. Fuller v. State21 So. 2d 705 (Ala. Ct. App. 1945)
  3. Tanner v. State121 So. 693 (Ala. Ct. App. 1929)
  4. Smith v. State121 So. 692 (Ala. Ct. App. 1929)
  5. Hawes v. State97 So. 114 (Ala. Ct. App. 1923)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Bates v. State, 54 So. 432 (Ala. 1911) 17
Palmer v. State, 57 So. 507 (Ala. Ct. App. 1912) 2

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list