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Erwin v. StateErwin v. State

Alabama Court of Appeals
May 11, 1926
7 Div. 168.
Reporters:
, ,
Before:
Samford
SAMFORD, J.

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.

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

Reversed and remanded.

Case Details

Case Name: Erwin v. State
Court Name: Alabama Court of Appeals
Date Published: May 11, 1926
Citations: 108 So. 645; 21 Ala. App. 376; 1926 Ala. App. LEXIS 147; 7 Div. 168.
Docket Number: 7 Div. 168.
Court Abbreviation: Ala. Ct. App.
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