Graham v. State

CATES, Presiding Judge.

Voluntary manslaughter: sentence, “imprisonment in the Penitentiary * * * for the term of one (1) year.”

In Hanby v. State, 267 Ala. 69, 101 So.2d 562, we find:

“ * * * Under the decisions of the appellate courts of this state a convicted de*548fendant should be sentenced to the county jail or to hard labor for the county, not to the penitentiary, where punishment is fixed at imprisonment for one year. Wade v. State, 29 Ala.App. 115, 192 So. 425, and the many cases there cited; Brown v. State, 32 Ala.App. 433, 26 So.2d 629; § 325, Title 15, Code 1940, as amended. Where an…