Jarnigan v. State

Petitioner was convicted of violating the Act of September 6,1927 (Acts, p. 704), which prohibits the transportation of liquors “in quantities of five gallons or more.” The sentence pronounced upon petitioner was that he “be imprisoned in the penitentiary of the State of Alabama for a term of not less than two years and not less than two years and six months,” etc.

The court here does not concur in the opinion that “the discrepancy complained of;” in that part of the sentence-which we have quoted, “is a mere clerical misprision and self corrective.” We may very readily conceive that the form…