Locklear v. State

BOWEN W. SIMMONS, Supernumerary Circuit Judge.

Appellant was convicted in the Criminal Court of Jefferson County and, on appeal to the Circuit Court of said County, was again convicted of violating Tit. 14, § 372, Recompiled Code of Alabama, 1958.

The jury assessed a fine of $75.00. The trial court, despite the use of the disjunctive “or” relative to the fixation of punishment, added six months at hard labor for the County as additional punishment plus hard labor for nonpayment of costs.

§ 372 of Code, supra, reads as follows:

“Any person who wilfully posts up or leaves any obscene or vulgar…