Hawthorne v. State, 217 So. 2d 820 (Ala. Ct. App. 1969). · Go Syfert
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Hawthorne v. State, 217 So. 2d 820 (Ala. Ct. App. 1969). Cases Citing This Book View Copy Cite
5 citation events across 3 distinct courts.
Strongest positive: Prewitt v. State (alacrimapp, 1984-07-17)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" Prewitt v. State
Ala. Crim. App. · 1984 · signal: see · confidence high
"The holding in Witherspoon is not applicable where the jury recommends a sentence less than the death sentence." Eady v. State , 284 Ala. 327 , 224 So.2d 876 (1969); see, Brinks v. State , 44 Ala. App. 601 , 217 So.2d 813 , cert. denied, 283 Ala. 712 , 217 So.2d 820 (1969); see also, Witherspoon v. Illinois , 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968), and Bumper v. North Carolina , 391 U.S. 543 , 88 S.Ct. 1788 , 20 L.Ed.2d 797 (1968).
Retrieving the full opinion text from the archive…
Michael Hawthorne
v.
State.
1 Div. 291.
Alabama Court of Appeals.
Jan 7, 1969.
217 So. 2d 820
1969 Ala. App. LEXIS 364
Michael Hawthorne, pro se., MacDonald Gallion, Atty. Gen., and John A. Lockett, Jr., Asst. Atty. Gen., for the State.
Cates.
Published
CATES, Judge.

This is an appeal from a judgment of conviction of robbery. The jury set Hawthorne’s punishment at the statutory minimum, i. e., ten years in the penitentiary.

We have considered the entire record at every point required under Code 1940, T. 15, § 389, i. e., every ruling of the trial judge adverse to the defendant, the organization of the court (Supreme Court Rule 24), the indictment including the caption (Code 1940, T. 15, §§ 229 and 259, No. 95), its charge, conclusion and endorsements, the judgment entry with arraignment, plea, verdict, allocutus, sentence, and the written charges refused appellant.

From this examination we conclude that the judgment below is due to be

Affirmed.