40 Ala. 72 | Ala. | 1866
-The indictment was found at a special term of the circuit court of Tuskaloosa county, held on the 27th November, 1865. There is no bill of exceptions, and the cause is brought here on writ of error. The first count in the indictment is good. The verdict is general. The proceedings are regular, unless the failure to ask the prisoner, before sentence, what he had to say why the sentence of the law should not be pronounced, is erroneous ; and this question is settled adversely to the defendant in the case of Aaron & Ely v. The State, at the last term, and authorities there referred to.
As there is no error in the record, let the judgment be affirmed.