Kirkland v. State
Alabama Court of Appeals
Gaming. Appeal from Dallas Circuit Court. Heard before Hou. B. M. Miller. Bry Kirkland was convicted of retailing and he appeals. No brief reached the Reporter. The only error is in the failure of the judgment to set out the amount of the cost and ascertain the number of days to work it out at 75c per day.
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Gaming. Appeal from Dallas Circuit Court. Heard before Hou. B. M. Miller. Bry Kirkland was convicted of retailing and he appeals. No brief reached the Reporter. The only error is in the failure of the judgment to set out the amount of the cost and ascertain the number of days to work it out at 75c per day. This being true the cause will be affirmed, except as to the judgment, and will be reversed only as to the judgment, and remanded for proper sentence. — Woods v. The State, 10 Ala. App. 96.
1Opinion of the CourtThomas, J.
The judgment entry is erroneous in that it fails to set out either the amount of costs or the number of days required to work out the costs at the rate of 75 cents per day.
This being the only error in the record, the judgment of conviction and the sentence are in all things affirmed, except as to the costs. To this extent the judgment and sentence are reversed in order that the trial court may enter up proper judgment and sentence as to the costs in conformity with the requirements of section 7635 of the Code.—Loudermilk v. State, 4 Ala. App. 167, 58 South. 180; Woods v. State, 10 Ala. App.…
2Cases cited3 opinions
- Evans v. StateSupreme Court of Alabama · 1895
- Woods v. StateAlabama Court of Appeals · 1914
- Loudermilk v. StateAlabama Court of Appeals · 1912
3Cited by1 opinion
- Tuggle v. StateAlabama Court of Appeals · 1924