70 So. 961 | Ala. Ct. App. | 1916
The statutes require, in the trial of felonies punishable capitally, that the case be specially set for trial, and that an order be entered directing the sheriff to serve a copy of the indictment and jury lists upon the defendant. The indictment on which the defendant was tried charges murder in the first degree, and the record proper does not show a compliance with the statutes requiring the case to be specially set for the
The act approved September 22, 1915 (Acts 1915, pp. 708, 709), amending section 6256 of the Code of 1907, was subsequent to the trial, judgment of conviction, appeal, and preparation of the transcript and docketing of the case in this court, and can have no bearing on the case presented by this record.
Other questions do not require consideration, as they are not of a nature likely to occur on another trial.
For the reason pointed out, the judgment appealed from must be reversed, and the cause remanded for another trial.
Reversed and remanded.