Moss v. State

Decided November 15, 1903

Supreme Court of Alabama · decided 1903-11-15

Tried before the Hon. John P.- Hubbard. The prosecution in this case was against John P. Moss, for failure to work a public road after being notified. The judgment entry in the case was in words and figures as follows; “Thereupon came a jury of good and lawful men, to-wit, T. 0.

Cited by 5 later decisions — most recently March 1968

5 state decisions

Relies on Wright v. State · Thomason v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1903-11-15

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SHARPE, J.

¶1This record discloses no judgment of guilt, but only an entry of what seems to have been intended as a confessed judgment for the fine and costs following upon a mere verdict of guilt. Upon the authority of Thomason v. State, 70 Ala. 20, which was referred to approvingly in Wright v. State, 103 Ala. 95, it must be held that the entry does not constitute a final judgment such as will support an appeal, and following the course *201adopted in Thomason’s case, tbe appeal will be dismissed.

¶2Appeal dismissed.