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3 Ala. App. 188

Barrentine v. State

Alabama Court of Appeals

Decided January 30, 1912

Alabama Court of Appeals · decided 1912-01-30

Heard before Hon. T. L. Sowell. Joe Barrentine was convicted of violating the prohibition law and he appeals. There is no error apparent of record except the judgment and sentence, and this court will correct that or remand for proper sentence. — Dar ring ton v. The State, 87 Ala, 1; Johnson v. The State, 94 Ala. 35; Dowling v. City of Troy, 56 South. 116.

Cited by 3 later decisions — most recently January 1924

3 state decisions

Relies on Evans v. State · Johnson v. State · Walker v. State

Good law ✅— No negative treatment on recordhow we know

Judgment of conviction affirmed and the cause remanded… · Decided 1912-01-30

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PELHAM, J.

¶1The defendant was convicted of violating the prohibition law. The record contains no' bill of exceptions, and the certificate of the clerk shows that the time for filing has expired. The judgment of conviction and sentence imposing a fine of $75 is regular, *189and is based on a verdict finding tbe defendant gnilty and assessing a fine of that amount; but tbe judgment fails to show the amount of costs, or the number of days necessary for the defendant to perform hard labor for the county in default of paying or securing the costs, although the judgment entry shows the costs were not paid or secured.

¶2The judgment of the court determining the guilt of the defendant and the sentence on default in payment of the fine is affirmed. In order that the court below may specify in the judgment the amount of costs, number of days, and sum allowed for each day, and pronounce the proper sentence of hard labor imposed for costs, the case is remanded.—Code 1907, § 7635; Dowling v. City of Troy, 1 Ala. App. 508, 56 South. 116; Evans v. State, 109 Ala. 11, 19 South. 535; Johnson v. State, 94 Ala. 35, 10 South. 667; Herrington v. State, 87 Ala. 1, 5 South. 831; Walker v. State, 58 Ala. 393.

¶3Affirmed in part, and reversed and remanded in part.

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