# Holman v. State

> Alabama Court of Appeals · October 11, 1966 · 43 Ala. App. 509

URL: https://www.frixlaw.com/law-library/cases/9681248

## Case

- **Full name:** Charles James HOLMAN v. STATE
- **Court:** Alabama Court of Appeals
- **Decided:** October 11, 1966
- **Citations:** 43 Ala. App. 509; 193 So. 2d 770; 1966 Ala. App. LEXIS 574
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Cates
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9681248

## Opinion text

On Rehearing
Appellant’s argument boils down to a contention that a suspension of execution of sentence “pending good behavior” is not a form of probation. This contention, when analyzed in the light of Montgomery v. State, 231 Ala. 1 , 163 So. 365 , 101 A.L.R. 1394 , would render the original sentence invalid as ultra vires. Nevertheless, the adjudication of guilt would stand.
We consider that, in view of the history and text of Amendment 38, supra, the power to suspend a sentence (other than for a short period to let a prisoner settle his affairs and perhaps pay his lawyer) can only be exercised when coupled with an order for probation.
Hence, we indulge the presumption that “pending good behavior” was a form of probation whereunder the prisoner was to be on his honor rather than under a probation officer.
Application overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9681248. Public record. Not legal advice.