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Supreme Court of Alabama, 1931

Melton v. State

Melton v. State
Supreme Court of Alabama · Decided December 17, 1931 · Thomas, Anderson, Brown, Knight
142 So. 659; 224 Ala. 152; 139 So. 87; 1931 Ala. LEXIS 41 (Southern Reporter)

Melton v. State

Addendum

On Rehearing.

THOMAS, J.

The rehearing is granted, judgment of reversal and remandment set aside, and the judgment of the lower court is affirmed on the authority of Vertus Frost v. State, 142 So. 427. See Cosby v. State, 202 Ala. 419, 80 So. 803.

Affirmed.

All the Justices concur.

Opinion of the Court

THOMAS, J.

The cause was submitted on the record proper. There was no bill of exceptions. The record has been carefully examined, and the judgment entry on the date of the trial, April 24; 1930, is insufficient, in that it fails to disclose the fact that the defendant and his attorney were present at the trial. For this reason the judgment of the circuit court is reversed, and the cause is remanded.

Reversed and remanded.

ANDERSON, O. J., and BROWN and KNIGHT, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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