Kirby v. State
Supreme Court of Alabama
Appeal from judgment of Judge of 12th Judicial Circuit, Hou. William: L. Whitlock. The facts are stated in the opinion. It is admitted by the State that there is no bard labor system in Cherokee county; that the prisoner is confined, under the sentence of the court, to bard labor in the county jail, and that no steps have been taken to “ hire out ” the prisoner.
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Appeal from judgment of Judge of 12th Judicial Circuit, Hou. William: L. Whitlock. The facts are stated in the opinion. It is admitted by the State that there is no bard labor system in Cherokee county; that the prisoner is confined, under the sentence of the court, to bard labor in the county jail, and that no steps have been taken to “ hire out ” the prisoner. The statute, Code, § 4487, expressly declares who shall be confined in county jail, and §4481 shows tbat persons sentenced to hard labor for the county can only be “ confined, chained, or otherwise shackled,” etc., in certain cases,…
1Opinion of the CourtBrickell, C. J.
The appellant was, at the August term, 1878, of the Circuit Court of the county of Cherokee, indicted for the larceny of several articles of merchandise, the aggregate value of which was averred to be thirty-three 10-100 dollars. On a trial on the plea of not guilty, the jury by their verdict found him guilty of petit larceny, assessed against him a fine of five hundred dollars, and assessed “the value of the property stolen at the sum of $33 15-100.” The fine and costs not being paid or secured, the court sentenced the appellant “ to hard labor for the county of Cherokee, as the statute…
2Cases cited2 opinions
- Ex parte McKivettSupreme Court of Alabama · 1876
- People Ex Rel. Stokes v. Warden of State Prison at Sing SingNew York Court of Appeals · 1876
3Cited by29 opinions
- Sennott's CaseMassachusetts Supreme Judicial Court · 1888
- Ex-parte BowenSupreme Court of Florida · 1889
- Ex parte DegenerCourt of Appeals of Texas · 1891
- Howard v. StateArizona Supreme Court · 1925
- White v. StateSupreme Court of Alabama · 1901
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