Williams v. State

ADAMS, J.:

Appellants were convicted of entering without breaking with intent to commit a felony, to-wit — grand larceny and were sentenced to imprisonment for five years and to pay the costs which were taxed at $71.43, or in default of the payment to serve an additional thirty days.

One question presented on this appeal is whether the sentence is legal. It is submitted that the judgment must be reversed under authority of Howell v. State, 136 Fla. 582, 187, So. 163.

By authority of Sec. 775.06 Fla. Stat. 1941, F.S.A., the court might have imposed both a fine and imprisonment. In that event a…