Robinson v. State

Alabama Court of Appeals

Decided January 5, 1960

Alabama Court of Appeals · decided 1960-01-05

Relies on 28 Ala. App. 506 - Kessler v. State Ex Rel. Davis · 28 Ala. App. 506 - Smith v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1960-01-05

How this case has been cited

Cited by 11 later decisions — most recently June 1988

11 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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PER CURIAM.

¶1The indictment is for a felony, i. e., transporting five or more gallons of prohibited liquors.

¶2The judgment entry shows a plea of guilty, but omits any reference to allocutus by the court to the prisoner.

¶3In a felony case, such an enquiry is mandatory. Under Code 1940, T. 15, § 389, we are required to notice this record error. The error, however, is not cause for reversal, but only for remandment to the court below for proper sentencing. Smith v. State, 28 Ala.App. 506, 189 So. 86.

¶4Accordingly, the judgment below is hereby ordered to be affirmed, but remanded for proper sentence.