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16 Ala. App. 535

79 So 316

Snyder v. State

Alabama Court of Appeals

Decided June 29, 1918

Alabama Court of Appeals · decided 1918-06-29

<p>Appeal from Circuit Court, Etowah County ; J. E. Blackwood, Judge.</p> <p>Arthur Snyder was convicted of crime, and he appeals.</p>

Cited by 1 later decisions — most recently June 1921

1 state decisions

Relies on 15 Ala. App. 206 - Stout v. State · 15 Ala. App. 204 - Mulligan v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed in part, and reversed and remanded in part · Decided 1918-06-29

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BROWN, P. J.

¶1 The verdict of the jury is in this form:

“We, the jury, find the defendant guilty as charged in the statement, and assess a fine of four hundred dollars.”

¶2 We are of opinion that this verdict clearly shows a conviction for only one offense, and the assessment of only one fine, and that the judgment of the court, sentencing the defendant to an additional term of 12 months’ hard labor, is erroneous. Mulligan v. State, 15 Ala. App. 204, 72 South. 761; Stout v. State, 15 Ala. App. 206, 72 South. 762.

¶3 There being no error in the judgment of conviction, that judgment is affirnled. The sentence, however, is hereby set aside and annulled, and the cause is remanded that a proper sentence may be pronounced, in accordance with the law. Mulligan v. State, supra.

¶4 Affirmed in part, in part reversed and remanded.

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