Moss v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. John P.- Hubbard. The prosecution in this case was against John P. Moss, for failure to work a public road after being notified.
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Appeal from the Circuit Court of Henry. Tried before the Hon. John P.- Hubbard. The prosecution in this case was against John P. Moss, for failure to work a public road after being notified. The judgment entry in the case was in words and figures as follows; “Thereupon came a jury of good and lawful men, to-wit, T. 0. Mobley, foreman, and eleven others, who, being legally empannelled and sworn according Jo law, say upon their oaths, ‘We, the jury, find the defendant guilty and assess a fine of one dollar.’ And in open court came the defendant, together with A. Q. Armstrong, and confessed…
1Opinion of the CourtSharpe, J.
This record discloses no judgment of guilt, but only an entry of what seems to have been intended as a confessed judgment for the fine and costs following upon a mere verdict of guilt. Upon the authority of Thomason v. State, 70 Ala. 20, which was referred to approvingly in Wright v. State, 103 Ala. 95, it must be held that the entry does not constitute a final judgment such as will support an appeal, and following the course *201adopted in Thomason’s case, tbe appeal will be dismissed.
Appeal dismissed.
2Cases cited2 opinions
- Wright v. StateSupreme Court of Alabama · 1893
- Thomason v. StateSupreme Court of Alabama · 1881
3Cited by5 opinions
- Knight v. StateSupreme Court of Alabama · 1962
- Douglas v. StateAlabama Court of Appeals · 1963
- Perry v. StateAlabama Court of Appeals · 1912
- Simpson v. StateAlabama Court of Appeals · 1963
- Miller v. StateAlabama Court of Appeals · 1968