Powell v. State

*248CATES, Judge.

On June 14, 1955, Hollis Powell was indicted by the Grand Jury of Morgan County of assaulting Palmer Smith with intent to murder. Tried to a jury in the circuit court, he was, on February 10, 1956, found guilty of assault and battery and fined $500, to which punishment the trial judge, pursuant to Code 1940, T. 15, § 328, added six months’ hard labor for the county. Upon failing to pay the fine and costs, Powell was (under Code 1940, T. 15, §§ 341 and 342) sentenced to 140 days for the fine and 304 days to pay $228 costs, all at hard labor. This latter sentence goes four days…