Clark v. State
Alabama Court of Appeals
Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Schug Clark was convicted of violating the prohibition law, and front a sentence to hard labor, including costs of removal, he appeals.
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Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Schug Clark was convicted of violating the prohibition law, and front a sentence to hard labor, including costs of removal, he appeals. Counsel insists that section 13 of the present Act relative to the convict system is the same as section 54 of the Acts of 1892-3, and that it is unconstitutional. — Brown v. The State, 115 Ala. 74. It is further insisted that .section 13" of special Acts 1907, p. 182, is ineffectual to change or repeal section 6584, and 7635, Code 1907. — Brown v. The State, supra; White v. Bur gin, 113 Ala.…
1Opinion of the CourtWalker, P. J.
The defendant was convicted of a misdemeanor, and was sentenced to pay a fine of $50, the amount assessed by the verdict of the jury; and, on his failing to pay the fine and costs, or to confess judgment for the same, was sentenced to perform hard labor *198for the county as punishment for the offense, and also for an additional period of 156 days, .at the rate of 40 cents per day, to pay the costs of the prosecution, which amounted to $62.24. Included in these costs was an item of $19.10, the amount of the sheriff’s fees and .expenses for the removal of the defendant from the county in which he…
2Cases cited2 opinions
- Johnson v. StateSupreme Court of Alabama · 1891
- City of Gadsden v. StrotherSupreme Court of Alabama · 1911