Opinion

Franklin v. State

  • 11 Ala. App. 305
  • 66 So. 875
  • 1914 Ala. App. LEXIS 68
Court
Alabama Court of Appeals
Filed
Dec 15, 1914
Status
Published
Author
Brown
On the bench
Brown
Cited by
1 cases
Authority
More cited than 77.0%

The opinion

BROWN, J.

At the March term, 1913, of the circuit court of Elmore county, the appellant was indicted for an assault with intent to murder, and at the March term, 1914, he was tried and convicted of an assault with a weapon, and ‘a fine of $250 was assessed against him by the jury.

Immediately following the recital of the verdict of the jury in the judgment entry is the judgment of sentence pronounced by the court, showing that, upon the *306 failure of the defendant to pay or to secure the fine and costs, he was sentenced to hard labor for the county for a term of 90 days for the payment of the fine and 140 days for the costs of the prosecution; and the court, as an additional punishment for the offense, imposed an additional sentence of 3 months’ hard labor for the county. This judgment was sufficient, as has been repeatedly ruled by the Supreme Court and this court. —Roberson v. State, 123 Ala. 57 , 26 South. 645 ; Ex parte Roberson, 123 Ala. 103 , 26 South. 645 , 82 Am. St. Rep. 107 ; Smith v. State, 4 Ala. App. 212 , 58 South. 117 ; Sanfield v. State, 3 Ala. App. 58 , 57 South. 402 .

The indictment, judgment, and sentence of the court being in all things regular, and there being no bill of exceptions, there is nothing else to be reviewed. There being no' error in the record, the judgment of the circuit court is affirmed.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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