Clayton v. State
Clayton v. State
Opinion of the Court
“Comes the state by its solicitor and the defendants in person and by attorney, and issue being joined,” etc. (The remaining part of the judgment is in all things regular.)
Defendants contend that the judgment must affirmatively -show that the plea of not guilty was interposed either by the defendants or by the court for them. Upon a casual reading of the second headnote in Childs v. State, 97 Ala. 49, 12 South. 441, it would appear that this contention was -sustained; 'but the opinion upon which this headnote is based states a very different rule. The opinion says:
“The record of the pleadings and judgment entry in the case affirmatively shows that the defendant was tried and convicted, as charged in the indictment, without having pleaded to the indictment, and affirmatively shows that the plea of ‘not guilty’ was not entered by the court for him, and that thei'e was no issue joined.” (Italics ours.)
To the same effect is the decision in Jackson’s Case, 91 Ala. 55, 8 South. 773, 24 Am. St. Rep. 860; and in Powell v. Henry & Co., 96 Ala. 414, 11 South. 311, McClellan, J., says: “The record * * * does not show that issue was ever joined,” etc.
There is no error in the record, and the judgment is affirmed.
Affirmed.
Reference
- Full Case Name
- CLAYTON Et Al. v. STATE
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- 8 cases
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- Published