Ex parte Jones
Supreme Court of Alabama
Application for mandamus. The petitioner, Henry Jones, was convicted of the offense of gaming at the October term, 1878, of the City Court of Montgomery, and fined fifty dollars.
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Application for mandamus. The petitioner, Henry Jones, was convicted of the offense of gaming at the October term, 1878, of the City Court of Montgomery, and fined fifty dollars. The minute entry at that term, after reciting the verdict of guilty and the assessing of a fine of fifty dollars by the jury, contains a judgment for fine and costs against petitioner, and proceeds: “And costs not being paid or secured, it is therefore ordered by the court, that he perform hard labor for the county of Montgomery, twenty days for the fine, and at the rate of twenty-five cents per day for the cost…
1Opinion of the CourtBrickell, C. J.
The statute of amendments is very broad and liberal in its terms, authorizing the correction of clerical errors or mistakes, on the application of either party, “ where there is sufficient matter apparent on the record or entries,” to support the amendment. The statute does not however extend to criminal cases. All courts of record have by the common law, an inherent power to correct clerical errors or omissions which may intervene in making up their records. During the term, the proceedings are in fieri, the record remains in the breast and remembrance of the judge, and the entries which are…
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