Freeman v. State
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. From a conviction and sentence for assault and battery with a weapon, Tee Freeman appeals.
1Opinion of the CourtDenson, J.
The' verdict of the jury is in this language: “We, the jury, find the defendant guilty of an assault and battery with a weapon, and fix the punishment with a fine of two hundred dollars and six months’ hard labor for the county.” The jury had no power to fix hard labor as a part of the punishment (Code 1896, §§ 4343, 5415), but this fact does not render the verdict void in toto; the rule being that the addition of hard labor .as punishment in the verdict must be treated as mere surplusage. — Taylor’s Case, 114 Ala. 20, 21 South. 947; Martin’s Case, 125 Ala. 64, 28 South. 92.
On the verdict as…
2Cases cited3 opinions
- Martin v. StateSupreme Court of Alabama · 1899
- Linnehan v. StateSupreme Court of Alabama · 1898
- Taylor v. StateSupreme Court of Alabama · 1896
3Cited by8 opinions
- Brazell v. StateCourt of Criminal Appeals of Alabama · 1982
- Corbitt v. StateAlabama Court of Appeals · 1951
- Beatty v. StateAlabama Court of Appeals · 1953
- People v. LopezCalifornia Supreme Court · 1930
- Crusoe v. StateAlabama Court of Appeals · 1923
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