Champion v. State
| Decision Date | 01 December 1949 |
| Docket Number | 5 Div. 479 |
| Citation | 44 So.2d 622,253 Ala. 436 |
| Parties | V. B. CHAMPION v. STATE. |
| Court | Alabama Supreme Court |
Petition of V. B. Champion for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in the case of Champion v. State, 44 So.2d 616.
Reynolds & Reynolds and J. B. Atkinson, of Clanton, for petitioner.
A. A. Carmichael, Atty. Gen., and Bernard F. Sykes, Asst. Atty. Gen., opposed.
As we understand the opinion of the Court of Appeals, the judgment of the trial court as to the guilt of the defendant is affirmed, but that the judgment of the circuit court is reversed as to the sentence and the cause remanded for further sentence by the circuit court as indicated in the opinion of the Court of Appeals. See, Linnehan v. State, 120 Ala. 293, 25 So. 6; Taylor v. State, 167 Ala. 91, 52 So. 736; McIntosh v. State, 234 Ala. 16, 173 So. 619. With that interpretation, the writ of certiorari is denied.
Writ denied.
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Callahan v. State
... ... Johnson v. State, 94 Ala. 35, 10 So. 667 (1891); Davis v. State,31 Ala.App. 508, 19 So.2d 356, cert. denied, 246 Ala. 101, 19 So.2d 358 (1944); Champion v. State, 35 Ala.App. 7, 44 So.2d 616, cert. denied, 253 Ala. 436, 44 So.2d 622 (1950). The phrase 'some unlawful act amounting to a misdemeanor' is often substituted for the phrase 'some unlawful act not felonious' contained in the above definition and as charged by the trial court. Steward v ... ...