Glover v. State

The value of the property alleged to have been stolen was less than $25, and hence the charge is a misdemeanor. Code 1923, § 4912.

The verdict of the jury was as follows: “We the jury find the defendant guilty as charged in the second count of the indictment and fix his punishment at thirty days hard labor and a fine of $25.00.”

The property stolen having been returned to the owner, it was not necessary for the jury to assess its value. Code 1923, § 4910; Du Bois v. State, 50 Ala. 139.

That part of the verdict fixing punishment at 30 days’ hard labor is a -nullity. The court must fix the…