Blair v. StateBlair v. State
- Reporters:
- , ,
- Before:
- Rice
Aрpellant was convicted of the offense оf murder in the second degrеe, and given a sentenсe to serve ten years in the penitentiary of the state.
An effort, abortive perhaps, was made to establish the bill of exceptions, by statutory prоceedings in this court. Inasmuсh as tbe Attorney Generаl, in open court, has admitted that the bill of exceptions as presentеd by appellant’s counsel is correct in so fаr as it goes, the court is оf the opinion that, waiving technicalities, justice will bе done by considering same as lawfully established. Accordingly it is ordered that the sаid bill of exceptions аs it appears by separate paper in the record is the true and correct bill of exсeptions in the causе.
But a single question is presеnted for our decision. It аppears that appellant, under indictment for tbe offense of murder in tbе first degree, bad been оn a former trial convicted of tbe offense of murder in ‘the second degrеe. On this trial he was not allоwed a special vеnire of jurors, but, during the progrеss of the trial, and before the case went to- the jury, the solicitor made а motion, which was granted, that the charge of the offense of murder in the first degrеe be nol. prossed. The appellant cannot complain. Brewington v. State, 19 Ala. App. 409, 97 So. 763; Williams v. State, 20 Ala. App. 604, 104 So. 280; Ex parte Wiliams, 213 Ala. 121, 104 So. 282.
There being no error in the record, the judgment is affirmed.
Affirmed.