Collins v. State
| Decision Date | 30 June 1906 |
| Citation | 41 So. 672,148 Ala. 667 |
| Parties | COLLINS v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Marengo County; John T. Lackland, Judge.
"Not officially reported."
Joe Collins was convicted of an offense, and appeals. Appeal dismissed.
Defendant was indicted, tried, and convicted of the offense of selling spirituous, vinous, or malt liquors. The judgment entry is in the following language: etc.
C. K. Abrahams and Charles G. Brown, for appellant.
Massey Wilson, Atty. Gen., for the State.
The only judgment in this case is one by confession for the fine and costs. It has been many times held by this court that such a judgment will not support an appeal. Therefore the appeal must be dismissed, and such will be the order. Ayers' Case, 71 Ala. 11; Joyner's Case, 78 Ala. 448; Nichols' Case, 100 Ala. 23, 14 So. 539; Campbell's Case, 123 Ala. 72, 26 So. 224; Bridges' Case, 124 Ala. 90, 27 So. 474; Mayer's Case, 40 So. 658; Code 1896, section 4313.
The appeal is dismissed.
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Elliott v. State, 7 Div. 765
...v. State, 124 Ala. 90, 27 So. 474; Marks v. State, 131 Ala. 44, 31 So. 18; Mayers v. State, 147 Ala. 687, 40 So. 658; Collins v. State, 148 Ala. 667, 41 So. 672. Continuing in the same paragraph in Palmer v. State, supra, the court further observed: 'When, however, there is a sentence by th......
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Palmer v. State
... ... State, 71 ... Ala. 11; Joyner v. State, 78 Ala. 448; Nichols ... v. State, 100 Ala. 23, 14 So. 539; Wright v ... State, 103 Ala. 96, 15 So. 506; Bridges v ... State, 124 Ala. 90, 27 So. 474; Marks v. State, ... 131 Ala. 44, 31 So. 18; Mayers v. State, 147 Ala ... 687, 40 So. 658; Collins v. State, 148 Ala. 667, 41 ... So. 672. When, however, there is a sentence by the trial ... court in compliance with the verdict of guilty, as disclosed ... by the judgment entry, there is implied a judgment of guilt, ... and the judgment of conviction is shown to be sufficient ... Talbert v ... ...
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Gardner v. State
... ... An appeal in ... criminal cases does not lie to the Supreme Court or the Court ... of Appeals until sentence is pronounced or confession of ... judgment taken. Acts 1919, p. 84, § 7; Hardeman v ... State, 202 Ala. 694, 81 So. 656; Yates v ... State, 18 Ala. App. 435, 93 So. 62; Collins v ... State, 148 Ala. 667, 41 So. 672; Ayers v ... State, 71 Ala. 11 ... The ... appeal in the instant case, having been taken before sentence ... was pronounced on the defendant, was prematurely taken, and ... must be ... ...
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Yates v. State
... ... Section 6244 ... of the Code of 1907 provides that any person convicted of a ... criminal offense may appeal from the judgment of conviction ... The ... Supreme Court, in construing this ... [93 So. 63.] ... section of the Code last referred to in Collins v ... State, 148 Ala. 667, 41 So. 672, [1] said: ... "The only judgment in this case is one by confession for ... the fine and costs. It has been many times held by this court ... that such a judgment will not support an appeal. Therefore ... the appeal must be dismissed, and such will be the ... ...