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Legal Opinion

Pinkerton v. State

Supreme Court of Alabama

Decided March 29, 1945No. 6 Div. 326PublishedCited by 12 opinions

1Opinion of the Court

GARDNER, Chief Justice.

Petitioner was convicted of a violation of the prohibition law, an offense punishable, in addition to a fine, by imprisonment or hard labor for ,the county. Sec. 99, Title 29, Code 1940. And under the provisions of Sec. 336, Title 15, Code 1940, in an offense so punishable the jury “shall not be required to impose a fine; but, if in their judgment, the defendant should only be punished in some other mode, may, in such case, only find him guilty and leave the imposition of the punishment to the court.”

The oral charge of the court to which exception was reserved can only…

2Cases cited5 opinions

  1. Montgomery v. StateAlabama Court of Appeals · 1920
  2. Montgomery v. StateSupreme Court of Alabama · 1920
  3. Bibb v. StateSupreme Court of Alabama · 1887
  4. Smith v. StateAlabama Court of Appeals · 1940
  5. Lashley v. StateAlabama Court of Appeals · 1932

3Cited by12 opinions

  1. Crumpton v. StateCourt of Criminal Appeals of Alabama · 1981
  2. Hamrick v. ThompsonSupreme Court of Alabama · 1964
  3. Bahakel v. Great Southern Trucking Co.Supreme Court of Alabama · 1947
  4. Stockard v. StateCourt of Criminal Appeals of Alabama · 1979
  5. Burns v. StateCourt of Criminal Appeals of Alabama · 1975

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