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32 Ala. App. 360

26 So.2d 211

Upshaw v. State

Alabama Court of Appeals

Decided May 21, 1946

Alabama Court of Appeals · decided 1946-05-21

Cited by 3 later decisions — most recently June 1956

3 state decisions

Relies on 31 Ala. App. 324 - Fuller v. State · 22 Ala. App. 263 - Meinhardt v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1946-05-21

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CARR, Judge.

¶1 In the lower court the appellant was convicted of manslaughter in the second degree and the jury imposed a sentence of twelve months in prison. The court entered an order pronouncing a sentence of twelve months hard labor for the county, but failed to indicate any time for costs.

¶2 The appeal is here on the record proper. The judgment of conviction is affirmed. It remains, however, to remand the cause for proper sentence for costs incident upon the trial of the case. Title 15, Sec. 342, Code 1940; Fuller v. State, 31 Ala.App. 324, 16 So.2d 428; Meinhardt v. State, 22 Ala.App. 263, 114 So. 631.

¶3 Affirmed. Remanded for proper sentence.

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