Marks v. State
Supreme Court of Alabama
Appeal from the City Court of Bessemer. Tried before the Hon. B. C. Jones. The appellant in this case was prosecuted and convicted in the city court of Bessemer for an 'assault and battery. The facts of the case are sufficiently stated in the opinion. That the record proper in this case shows no judgment of conviction that will support an appeal to the Supreme Court. — Wright v. State, 103 Ala. 95; Ayers v. State, 71 Ala. 11.
1Opinion of the CourtHaralson, J.
There must be a judgment of conviction to support an appeal in a criminal case. — Ayers v. State, 71 Ala. 11.
*45Here, the defendant pleaded not guilty. The minute entry recited, “Thereupon, the court proceeded to hear the evidence, without the intervention of a jury, according to law. And after hearing the same, finds the defendant guilty of assault and battery, and assessed a fine of $5.00.”
This entry partakes more of a statement by the clerk of the action of the court, than of an expression by the couid itself of its own action.
There must be some words, in an entry relied on as a judgment in a…
2Cases cited3 opinions
- Wright v. StateSupreme Court of Alabama · 1893
- Driggers v. StateSupreme Court of Alabama · 1898
- Ayers v. StateSupreme Court of Alabama · 1881
3Cited by4 opinions
- Knight v. StateSupreme Court of Alabama · 1962
- Palmer v. StateSupreme Court of Alabama · 1910
- Elliott v. StateSupreme Court of Alabama · 1968
- Chamberlain v. Mobile Fish & Oyster Co.Supreme Court of Alabama · 1902