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17 Ala. App. 669

88 So 185

Jackson v. State

Alabama Court of Appeals

Decided January 18, 1921

Alabama Court of Appeals · decided 1921-01-18

C. B. Gwin, Judge. Will Jackson was indicted on a charge of burglary and receiving stolen property knowing it to have been stolen. There was a verdict and judgment of guilty under the second count, and from the judgment, defendant appeals.

Affirmed as to conviction, and reversed and remanded for… · Decided 1921-01-18

BRICKEN, P. J.

¶1 This appeal is upon the record proper without bill of exceptions. The record appears to be free from error as far as the judgment of conviction is concerned. There was error, however, in sentencing the defendant to a fixed term of imprisonment in the penitentiary. Acts 1919, p. 148, provide that in cases of this character an indeterminate term of imprisonment must be imposed. See John Baker v. State, 88 South. 184, 1 The judgment of conviction is affirmed. Under authority of the Baker Case, supra, the cause must be reversed, for proper sentence in conformity to law.

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

1

¶3 Ante, p. 668.

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