Hamilton v. State

There is no bill of exceptions and no error appears in the record which will affect the judgment of conviction.

However, the sentence is erroneous. The defendant was tried on a charge of petit larceny, and the verdict of the jury was; “We the jury find the defendant guilty as charged.” This verdict authorized a judgment of guilt and the imposition by the court of a sentence to hard labor or to jail and a sentence for the costs. Flowers v. State, 22 Ala. App. 27, 112 So. 221; Hollis v. State, 123 Ala. 74, 26 So. 231.

Where the cause is tried before a jury, the court has no authority to fix a…