Weinard v. State
Supreme Court of Alabama
Appeal from Monroe Probate Court. Heard before Hon. I. B. Slaughter. Habeas corpus by Lou Weinard to obtain her release from custody under a sentence ordered on a conviction of selling liquor without a license. From a judgment denying the writ, she appeals.
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Appeal from Monroe Probate Court. Heard before Hon. I. B. Slaughter. Habeas corpus by Lou Weinard to obtain her release from custody under a sentence ordered on a conviction of selling liquor without a license. From a judgment denying the writ, she appeals. The petitioner was indicted in the circuit court of Monroe county for selling liquors withuot license, convicted, and the following judgment entered (after setting out the day of trial, the arraignment, and plea of defendant) : “Thereupon came a jury of twelve good and lawful men, to-wit, W. L. Simmons and eleven others, who, being…
1Opinion of the Court
ANDERSON, J. —
The affirmance of an appeal in a criminal case does not require a resentence by this court in order to put into operation the judgment and sentence from which the appeal was had. The sentence is merely suspended during the pendency of the appeal, and an affirmance or dismissal of the appeal does not change the judgment of the lower court, but leaves it in full force and effect, except, of course, the delay incident to the appeal may postpone the commencement and expiration of the sentence, when it is for a given dime. The petitioner gave a bond as provided by section 4321 of the…
2Cases cited1 opinion
- Linnehan v. StateSupreme Court of Alabama · 1898
3Cited by2 opinions
- Ex parte CrewsAlabama Court of Appeals · 1915
- Moore v. StateSupreme Court of Alabama · 1907