Legal Opinion

Minto v. State

Alabama Court of Appeals

Decided November 20, 1913PublishedCited by 17 opinions

Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Mike Minto was convicted of keeping a gaming table, and lie appeals, and the judgment of the lower court was affirmed. (Bee 8 Ala. App. 303; 62 South. 376.) The attention of this court having been called to the condition of the judgment imposing hard labor, the court modifies its former judgment and

1Opinion of the Court

WALKER, P. J. —

In the opinion heretofore rendered in this case, the court considered the questioned rulings of the trial court in the proceedings which led to the *96conviction of the appellant. It is only since the rendition of that opinion that the fact has been called to the attention of the court, or has been noticed by it, that by the judgment appealed from, rendered on a verdict of guilty which assessed against the defendant only a fine, he was sentenced to imprisonment in the penitentiary for a term of six months. This sentence was not authorized by law, as the statute (Code, § 7620)…

2Cases cited3 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. Robinson v. StateAlabama Court of Appeals · 1912
  3. State v. MeyerSupreme Court of Kansas · 1912

3Cited by17 opinions

  1. Tinkoff v. United StatesCourt of Appeals for the Seventh Circuit · 1936
  2. Burgess v. StateSupreme Court of Alabama · 1951
  3. Rogers v. StateAlabama Court of Appeals · 1919
  4. Bryant v. StateAlabama Court of Appeals · 1915
  5. Edmonds v. StateAlabama Court of Appeals · 1917

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