Morrison v. State
| Decision Date | 14 May 1907 |
| Citation | 44 So. 43,151 Ala. 118 |
| Parties | MORRISON v. STATE. |
| Court | Alabama Supreme Court |
Appeal from City Court of Bessemer; William Jackson, Judge.
E. C Morrison was convicted of trespass, and appeals. Affirmed.
Frank S. White & Sons, for appellant.
Alexander M. Garber, Atty. Gen., for the State.
Section 5606 of the Code of 1896 provides that "any person, who without legal cause or good excuse, enters into the dwelling house, or on the premises of another, after having been warned, within six months preceding, not to do so; or any person who, having entered into the dwelling house or on the premises of another without having been warned within six months not to do so, and fails or refuses, without legal cause or good excuse, to immediately leave on being ordered or requested to do so by the person in possession, his agent or representative, must on conviction," etc. The affidavit on which the defendant was tried embraced both alternatives contained in the statute, and the solicitor and court designated the alternatives as the first and second counts in the affidavit. An amendment was made to the second alternative, designated as the second count, and as amended the offense as designated in the second alternative of the statute is charged.
The motion to quash the affidavit on the ground that it does not aver that the defendant is an individual, a partnership, or a corporation, was properly overruled. The defendant is designated as "E. C. Morrison," and this is a complete answer to the motion.
The record shows that the court, ex mero motu, gave the affirmative charge in favor of the defendant as to the second count in the affidavit, and yet we find that the verdict of the jury is a finding of guilt under that count. This is somewhat anomalous, but no motion to set aside the verdict seems to have been made, and as the court accepted the verdict, and rendered judgment upon it, this of itself does not afford ground for error here.
While there is a verdict of guilt, an assessment of a fine of one cent, a judgment of guilt on the verdict, and an order of recovery of the fine and costs, there is no confession of judgment for the fine, nor sentence to hard labor to pay the fine and costs. Nevertheless the judgment of conviction will support the appeal, and we must consider the questions presented by the bill of exceptions.
H. M Byars testified for the state that he was, prior to the time the defendant was arrested, and at the time he was arrested superintendent of the Tennessee Coal, Iron & Railroad Company, a corporation, and in charge of its property and lands; that he authorized W. R. Bennett to keep and warn trespassers off the company's property and lands; that at this time the inclosure of the company surrounding its pay office was in possession of said company and used as a place to pay off the men; and that the defendant was not in the company's employment at all. The defendant was at the pay window, inside of the inclosure surrounding the pay office, and was ordered by W. R. Bennett to leave, and defendant told Bennett he would not leave until he was made to do so. Upon ...
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Moss v. State
...Objections to the form, regularity, and sufficiency of the verdict cannot be raised for the first time on appeal. Morrison v. State, 151 Ala. 118, 44 So. 43, 44 (1907); Baldwin v. State, 27 Ala.App. 259, 260, 170 So. 349, 350, cert. denied, 233 Ala. 138, 170 So. 350 (1936); Morrisette v. St......
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Law v. State
... ... Court of Appeals in Cook v. State, 19 Ala.App. 666, ... 100 So. 196, held in effect that this means what it says, and ... that sentence is not necessary to sustain an appeal. It ... therefore affirmed the judgment of conviction, and remanded ... the cause for sentence. See Morrison v. State, 151 ... Ala. 118, 44 So. 43. It is not unusual to affirm the judgment ... of conviction and reverse and remand as to the sentence ... Brooks v. State, 234 Ala. 140, 173 So. 869; Ex parte ... Robinson, 183 Ala. 30, 63 So. 177 ... After ... the opinion in the Cook case, ... ...