Sexton v. State

• Decision Date: 05 November 1929
• Docket Number: 3 Div. 636.
• Citation: 127 So. 497,23 Ala.App. 318
• Parties: SEXTON v. STATE.
• Court: Alabama Court of Appeals

127 So. 497

23 Ala.App. 318

SEXTON v. STATE.

3 Div. 636.

Court of Appeals of Alabama

November 5, 1929

Rehearing Denied Nov. 19, 1929.

Appeal from Circuit Court, Butler County; A. E. Gamble, Judge.

Cabe Sexton was convicted of violating the prohibition law, and he appeals.

Affirmed.

Certiorari denied by Supreme Court in Sexton v. State, 127 So 499.

Powell & Hamilton, of Greenville, for appellant.

Charlie C. McCall, Atty. Gen., and W. M. Rayburn, Asst. Atty. Gen for the State.

BRICKEN P.J.

The indictment, upon which appellant was tried and convicted contained two counts. The first count charged him with distilling, or manufacturing, alcoholic liquors. The second count charged him with being in possession of a still, etc. The jury found the defendant guilty, as charged in the indictment. The judgment pronounced and entered by the court below recites that the defendant is guilty of distilling prohibited liquors, and sentenced him to an indeterminate term of imprisonment in the penitentiary.

As stated, two separate and distinct offenses were charged in the indictment. The jury returned a general verdict of guilty. Upon this verdict the court in express terms adjudged the defendant guilty of distilling prohibited liquor only, as charged in the first count.

It is insisted by appellant that this judgment of the court failed to follow the verdict, which found the defendant guilty of both offenses, and that this constitutes error. It is argued that, if appellant should again be indicted on this same charge of being in possession of a still, and the same testimony as set out in the record should be offered to prove his guilt, that he would be in no position to plead and prove former conviction, for the reason that, although the verdict in this case was general, applying to both offenses, the judgment of the court adjudicated him as being guilty of one of the offenses only, that of distilling as charged in the first count of the indictment. It is insisted also that neither would he be in a position to plead former acquittal because the verdict of the jury shows that they found him guilty as charged in the indictment, which embraced both offenses. This is the principal insistence of error, for, while other questions are presented, we fail to discover any error in these points of decision necessitating a reversal of the judgment appealed from.

The two offenses charged in the indictment are of the same character and subject to the same punishment, and therefore were properly charged in the same indictment in separate counts. Code 1923, § 4546; Sampson v. State, 107 Ala. 80, 18 So. 207.

The law is that, when a verdict of a jury is rendered, it should always be followed by a judgment of the court. Wright v. State, 103 Ala. 95, 15 So. 506.

In Driggers v. State, 123 Ala. 46, 26 So. 512, 513, the court said: "The judgment entry in all criminal cases where there is conviction should recite in express words that the defendant is adjudged guilty by the court as found by the jury."

In cases of conviction by a jury's verdict, the judgment of the court should follow the verdict as returned. "Certainty, consistency in all its parts is an indispensable element of the validity of judgments or decrees in civil cases, ascertaining and determining the rights and liabilities of parties. A judgment or a decree, uncertain, inconsistent in its terms, incapable of safe execution according to the letter of its mandate, is not valid. *** The sentence of a court in a criminal case, operating to deprive a citizen of liberty, condemning him to involuntary servitude, ought not to be less certain, less consistent in its terms, than the judgment or decree, which affects only his rights of property. When it is in itself so vague and indefinite that it may operate as a pretence of authority for prolonging the term of servitude beyond that to which the law gives sanction," or to deprive the defendant of an established legal right, "it is irregular, invalid, and a court having jurisdiction is bound to reverse it." Bradley v. State, 69 Ala. 318.

A court of record speaks through its judgment only; and a judgment of a court of competent jurisdiction is conclusive against all the world as to all matters properly adjudged and to all necessary consequences thereof.

A judgment is a final consideration and determination by a court of...