Taylor v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Washington. Tried before the Hon. William S. Anderson. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Washington. Tried before the Hon. William S. Anderson. The facts of the case are sufficiently stated in the opinion. The jury had a discretion to say whether defendant should be punished by fine or in some other manner only. — Code of 1886, § 4500 ; Bibb v. State, 84 Ala. 13. The verdict of the jury failed to show what they intended should be the exercise of that discretion, viz., by fine or punishment in some other manner, and therefore will and can not support a legal sentence. — Zaner v. State, 90 Ala. 654; Dover v. State, 75 Ala. 40 ; Clay v. State, 43…
1Opinion of the Court
COLEMAN, J. —
The defendant was tried upon an indictment charging him with having committed the offense of an assault and battery. The jury returned the following verdict: “We, the jury, find the defendant guilty, and assess a fine of ten dollars, and sentence to the county for thirty days’ labor.” The defendant not having paid the fine and the cost of prosecution, nor confessed judgment for the same as provided by statute, 'the court sentenced the defendant to hard labor for the county for the legal period to pay said fine and cost, but imposed no additional punishment. The appellant contends…
2Cited by11 opinions
- Martin v. StateSupreme Court of Alabama · 1899
- Patton v. StateAlabama Court of Appeals · 1957
- McGuire v. StateAlabama Court of Appeals · 1911
- Freeman v. StateSupreme Court of Alabama · 1907
- Smith v. City of BirminghamAlabama Court of Appeals · 1951
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