Windham v. City of Andalusia

We agree with the conclusion of the Court of Appeals that this case should be affirmed. But there is one statement of law, unnecessary to the decision of the case, to which we_ think we" should refer. The statement in the opinion is as follows:

“But, if the case is tried by a jury, as here, the statute makes it the duty of the jury to not only assess the fine, but to impose such hard labor sentence as they may determine, provided such fine and hard labor sentence are within the limits authorized by law or ordinance for such offense.”

The court was construing section 1937, copied in the opinion.…