Clanton v. State
Supreme Court of Alabama
Atpeal from the City Court of Montgomery. Tried before the Hon. T. M. ArriNGTon. 1. The court has no power to enter judgment nunc pro tunc after the adjournment of the term at which the conviction was had, unless the suspension of the sentence is at the instance of the defendant, or the delay is attributable to him, or is caused by the court, or the negligence of the clerk. — 1 Freeman on Judgments, § 57, et seq; Ex parte State, in re Neioton, 10 So.
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Atpeal from the City Court of Montgomery. Tried before the Hon. T. M. ArriNGTon. 1. The court has no power to enter judgment nunc pro tunc after the adjournment of the term at which the conviction was had, unless the suspension of the sentence is at the instance of the defendant, or the delay is attributable to him, or is caused by the court, or the negligence of the clerk. — 1 Freeman on Judgments, § 57, et seq; Ex parte State, in re Neioton, 10 So. Eep. 549. 2. Even if the court had such power, the right was barred by the statute, three years having elapsed from the date of conviction. —…
1Opinion of the CourtColeman, J.
At the March term, 1887, of the City Court of Montgomery, the defendant pleaded guilty to the second count of the indictment, which charged him with the offense of having played “at a game with cards or dice in a public house or some other public place,” &c. Upon his plea of guilty, the jury assessed a fine of twenty dollars. At this term there was no judgment of the court rendered upon the verdict of the jury. At the March term, 1892, the State, by its solicitor, moved the court for a “judgment nunc pro tunc.” The defendant resisted the motion, 1st, upon the ground, “that the court has no…
2Cases cited5 opinions
- Torrey v. ForbesSupreme Court of Alabama · 1891
- Drinkard v. StateSupreme Court of Alabama · 1852
- Ex parte HallSupreme Court of Alabama · 1872
- Walker v. CuthbertSupreme Court of Alabama · 1846
- Ex parte State, in re NewtonSupreme Court of Alabama · 1891
3Cited by14 opinions
- Freeman v. United StatesCourt of Appeals for the Second Circuit · 1915
- Campbell v. BeyersSupreme Court of Alabama · 1914
- City of Birmingham v. AndrewsSupreme Court of Alabama · 1931
- Daley v. City of DecaturAlabama Court of Appeals · 1921
- Ex parte AdamsSupreme Court of Alabama · 1914
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