Palmer v. State

• Decision Date: 18 January 1912
• Citation: 57 So. 507,3 Ala.App. 127
• Parties: PALMER ET AL. v. STATE.
• Court: Alabama Court of Appeals

57 So. 507

3 Ala.App. 127

PALMER ET AL. v. STATE.

Court of Appeals of Alabama

January 18, 1912

Appeal from Circuit Court, Marion County; C. P. Almon, Judge.

Hez Palmer and another were convicted of an offense, and they appeal. Reversed and remanded.

See also, 53 So. 283; 54 So. 272; 56 So. 50.

The following is the plea in abatement: "Defendant Hez Palmer alleges that heretofore, to wit, at the February 1910, term of the circuit court of Marion county, Alabama this defendant and Jennie Langston, with whom he was jointly indicted, were tried on the indictment herein; that on said trial defendants jointly pleaded not guilty, and evidence was introduced on the issue tendered by said plea, and a verdict was rendered on said trial by the jury which was organized to try defendant which verdict was in words and figures as follows: 'We, the jury, find the defendants guilty as charged in the indictment and assess a fine of $100 to each defendant. W. B. Musgrove, Foreman.' And the defendant alleges that upon the rendition of said verdict on said trial the said circuit court of Marion county, Alabama, rendered the following as a judgment on said verdict, as shown by the minutes of said court, to wit: 'The State v. Hez Palmer and Jennie Langston. February Term, 1910. Indictment--Adultery and Fornication. Comes the state of Alabama, by its solicitor, and come also the defendants in their own proper person and by attorney, and the defendants being arraigned in open court, for answer to said indictment plead and say that they are not guilty in manner and form as charged therein. Thereupon came a jury of good and lawful men, to wit, W. B. Musgrove and eleven others, who having been impaneled and sworn according to law, on their oaths do say: "We, the jury, find the defendants guilty as charged in the indictment, and assess a fine of $100 to each defendant." It is therefore considered and adjudged by the court that the state of Alabama, for the use of Marion county, have and recover from the defendants the sum of $100 each, the fines assessed by the jury as aforesaid, together with the costs of this prosecution, for which execution may issue. It is therefore considered and adjudged by the court that the said defendant Hez Palmer be and he hereby is sentenced to hard labor for the county of Marion for a term of three months, and an additional punishment to that fixed by the jury in this case. Came into open court the defendants Hez Palmer and Jennie Langston, as principals, and D. J. H Palmer, J. A. Palmer, W. B. Palmer, R. H. Palmer, W. G. Palmer, and Lucy Ann Nichols, as sureties, and in open court confessed judgment in favor of the state of Alabama, with waiver of exemptions, and against Hez Palmer and Jennie Langston, for the sum of one hundred dollars each, the fines imposed in this case, together with the costs in this behalf expended. It is therefore considered and adjudged by the court that the state of Alabama, for the use of Marion county, have and recover of the said Hez Palmer, Jennie Langston, D. J. H. Palmer, J. A. Palmer, W. B. Palmer, R. H. Palmer, W. G. Palmer, and Lucy Ann Nichols said sums so confessed, with waiver of exemptions as to the collection of this judgment, for which let execution issue. It being made known to the court that the defendants desire an appeal to the Supreme Court, the sentence is suspended pending an appeal, and defendants admitted to bail in the sum of five hundred dollars each, with sufficient sureties, conditioned for their appearance at...