Taylor v. State

Decided June 16, 1910

Supreme Court of Alabama · decided 1910-06-16

<p> Embezzlement. </p> <p>Criminal Load; Judgment; Sufficiency. — A judgment in a misdemeanor ease which fails to ascertain the amount of costs and the number of days sufficient at hard labor for working them out is irregular, and where such appears to be the facts, the supreme court will reverse the cause and remand the same for proper sentence.</p>

Cited by 1 later decisions — most recently December 1949

1 state decisions

Relies on Linnehan v. State

Good law ✅— No negative treatment on recordhow we know

Reversed and cause remanded for proper judgment and sentence · Decided 1910-06-16

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DOWDELL, C. J.

¶1The appeal in this case is prosecuted from a judgment of conviction in the criminal court of Jefferson county. There is no bill of exceptions in the record.

¶2The sentence of the court for the costs fails to ascertain the amount of the costs, or to fix the time of hard labor for working out the same. In this respect, and in this only, the judgment is erroneous. Under the authority of Linnehan v. State, 120 Ala. 293, 25 South. 6, the judgment must be reversed hack to the judgment of conviction, and the cause remanded for proper sentence by the court.

¶3Reversed and remanded.

Simpson, McClellan, and Mayfield, JJ., concur.