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22 Ala. App. 119

113 So 318

Braswell v. State

Alabama Court of Appeals

Decided May 17, 1927

Alabama Court of Appeals · decided 1927-05-17

Good law ✅— No negative treatment on recordhow we know

Decided 1927-05-17

How this case has been cited

Cited by 15 later decisions — most recently August 1990

1 federal appellate · 14 state decisions

4019271930194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SAMFORD, J.

¶1 This court confesses its inability to understand the exact contention made by the appellant in his brief. On the trial it appears the defendant was present “in his own proper person and by his attorneys.” A verdict of guilty was returned by the jury assessing a fine of $50. A judgment was then and there rendered against the defendant for the fine and costs, which was presently paid. This satisfied the judgment, so far as the fine and costs are concerned. . Code 1923, § 5291. This did not necessarily end the prosecution. The court still had a right and the power tp impose an additional sentence to hard labor, as additional punishment, which, at a later day of the term, it proceeded to do. Code 1923, §§ 3485, 5278.

¶2 That the imposition of this additional punishment was delayed from May 3d, the date of the verdict, until May 7th, the date of sentence, can avail the defendant nothing. The judgment was at that time within the breast of the court.

¶3 We find no error in the record, and the judgment is affirmed.

¶4 Affirmed.

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