Perry v. State

Decided May 16, 1912

Alabama Court of Appeals · decided 1912-05-16

<p> Assault mid Battery. </p> <p>Appeal and Error; Judgment; Necessity. — Where the record shows a conviction and the assessment by the jury of a. fine and a confession of judgment by accused, and his sureties, but does not show the entry of a judgment- of conviction on the verdict, the appeal cannot be sustained.</p>

Relies on Wright v. State · Morris v. State · Nichols v. State

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1912-05-16

How this case has been cited

Cited by 5 later decisions — most recently March 1968

5 state decisions

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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PELHAM, J.

¶1The record in this case shows a conviction and a fine of $5 assessed by the jury against the defendant for an assault and battery. It also shows a confession of judgment by the defendant and his sureties, but fails to show that a judgment of conviction was entered by the court on the verdict of guilty. The appeal is not from the judgment confessed for fine and costs, and there is no judgment of guilt pronounced by fhe court on the verdict from which an appeal will lie, and, as has been so often held by the Supreme Court, the appeal must be dismissed because there is no judgment of conviction that will support an appeal.—Ayres v. State, 71 Ala. 11; Nichols v. State, 100 Ala. 23, 14 South. 539; Wright v. State, 103 Ala. 95, 15 South. 506; Campbell v. State, 123 Ala. 72, 26 South. 224; Bridges v. State, 124 Ala. 44, 31 South. 18; Moss v. State, 140 Ala. 199, 37 South. 156.

¶2Appeal dismissed.