Elmore v. State

EMBRY, Justice.

In this case, Dorothy Gray Elmore, was indicted, tried and found guilty by a jury, of driving while intoxicated. However, the jury neither assessed a fine nor declined to fix one. The trial court assessed one of $150 and in lieu of payment sentenced defendant to jail for a term of fifty days.

On appeal the Court of Criminal Appeals reversed and remanded for new trial, Ala.Cr.App., 348 So.2d 262. It held:

“Title 15, Section 335, Code of Alabama 1940, provides as follows:

“ ‘In prosecution by indictment, the jury shall fix and determine the amount of the fine; and no judge shall…