Perry v. State
Alabama Court of Appeals
Appeal from Russell Circuit Court. Heard before Hon, Mike Sollie. William Perry was convicted of a,n assault and battery, and he appeals. Counsel discuss the merits of thé case with citation of authority, and on rehearing they insist that the matters set np therein should induce the court to grant the rehearing upon authority of.—Morgan v. Jones, 48 Ala. 250. The appeal should be dismissed because no judgment was shown. — 71 Ala. 11; Marks v. The State, 181 Ala. 44.
1Opinion of the CourtPelham, J.
The record in this case shows a conviction and a fine of $5 assessed by the jury against the defendant for an assault and battery. It also shows a confession of judgment by the defendant and his sureties, but fails to show that a judgment of conviction was entered by the court on the verdict of guilty. The appeal is not from the judgment confessed for fine and costs, and there is no judgment of guilt pronounced by fhe court on the verdict from which an appeal will lie, and, as has been so often held by the Supreme Court, the appeal must be dismissed because there is no judgment of conviction…
2Cases cited7 opinions
- Wright v. StateSupreme Court of Alabama · 1893
- Morris v. StateSupreme Court of Alabama · 1899
- Nichols v. StateSupreme Court of Alabama · 1893
- Ayers v. StateSupreme Court of Alabama · 1881
- Moss v. StateSupreme Court of Alabama · 1903
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3Cited by5 opinions
- Campbell v. StateAlabama Court of Appeals · 1940
- Morris v. StateAlabama Court of Appeals · 1940
- Holland v. StateAlabama Court of Appeals · 1914
- Simpson v. StateAlabama Court of Appeals · 1963
- Miller v. StateAlabama Court of Appeals · 1968