Hodges v. State
Supreme Court of Alabama
Writ of Error to the Circuit Court of Barbour. Pulaski Mann and Leroy Gunter, were charged in three several indictments, with assaults and batteries ; on all of which they were found guilty, by the verdicts of juries. In the first case, the parties were fined eighty-five dollars each; in the second, eighteen dollars each; and in the third, twenty dollars each. Judgments were accordingly rendered against each of the defendants for the fines and cost.
Read the full summary
Writ of Error to the Circuit Court of Barbour. Pulaski Mann and Leroy Gunter, were charged in three several indictments, with assaults and batteries ; on all of which they were found guilty, by the verdicts of juries. In the first case, the parties were fined eighty-five dollars each; in the second, eighteen dollars each; and in the third, twenty dollars each. Judgments were accordingly rendered against each of the defendants for the fines and cost. It is shown by the record, by a recital of the fact, that Mann and Gunter were committed to the custody of the plaintiff in error, who was the…
1Opinion of the CourtCollier, C. J.
It has been always considered, that the general law, which authorizes a clerk of the Circuit Court to issue a writ of error, to remove to this Court, a cause in which a final judgment, &c., has been rendered, embraces a case like the present. Judgments on forfeited recognizances, or fines or penalties, imposed without a previous indictment, or the verdict of a jury, have been thus revised. The provision of the Penal Code applies to judgments rendered on indictments, and does not require an application to this Court for a writ of error, where the proceeding is by motion. [Clay’s Dig. 470, § 2.]
2Cited by5 opinions
- State v. ShawSupreme Court of Vermont · 1901
- Foster v. StateSupreme Court of Alabama · 1889
- McCullough v. StateAlabama Court of Appeals · 1959
- Hawk v. StateSupreme Court of Alabama · 1887
- Loosey v. OrserThe Superior Court of New York City · 1859