Opinion

Cooper v. State

28 Ala. App. 422
187 So. 500
1939 Ala. App. LEXIS 88

Court: Alabama Court of Appeals
Filed: Jan 10, 1939
Status: Published
Author: Rice
On the bench: Samford, Rice
Cited by: 3 cases

The opinion

RICE, Judge

(dissenting on rehearing).

It is my opinion that the proviso inserted by way of amendment in Code 1923, Sec. 3759, by Act approved March. '26th, 1936 (Gen.Acts of the Ala.Extra Session' 1936, p. 30), that “in the event of an appeal to the Circuit Court no Solicitor’s fees shall be taxed or collected for the services of a Solicitor in the Circuit Court” had ai>d has application only to cases where “there shall be taxed and collected as a part of the costs and paid into the County Treasury the same Solicitor’s

fees provided for conviction in such cases in the 'Circuit Court.”

(Italics mine.) All as' provided

said Act.

I therefore dissent.

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