Balsam v. State

Decided May 20, 1915

Alabama Court of Appeals · decided 1915-05-20

<p>Criminal Law; Statute; Repealing; Effect. — Under the express provisions of section 7806, Code 1907, a prosecution for the violation of a statute is not destroyed by the repeal of the act after a conviction thereunder.</p>

Cited by 1 later decisions — most recently May 1973

1 state decisions

Relies on City of Birmingham v. Baranco · State v. Parker · Mangeldorf v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1915-05-20

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THOMAS, J.

¶1Tbe judgment in this case is affirmed on tbe authority of Mangeldorf v. State, 8 Ala. App. 302, 62 South. 373, Ex parte Mangeldorf, 185 Ala. 33, 64 South. 598, and State v. Parker, 5 Ala. App. 231, 59 South. 741, which settle, adversely to appellant, every question raised in tbe case, except tbe contention that tbe fact of tbe repeal, since defendant’s conviction, of tbe act under which defendant was convicted, destroys tbe prosecution. That contention is equally without merit.—Code, § 7806) Birmingham v. Baranco, 4 Ala. App. 279; 58 South. 944.

¶2Affirmed.