Taylor v. State
| Decision Date | 13 April 1897 |
| Citation | 21 So. 947,114 Ala. 20 |
| Parties | TAYLOR v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Washington county; William S. Anderson Judge.
Lige Taylor was convicted of assault and battery, and appeals. Affirmed.
Chas L. Bromberg, Jr., for appellant.
Wm. C Fitts, Atty. Gen., for the State.
The defendant was tried upon an indictment charging him with having committed the offense of an assault and battery. The jury returned the following verdict: "We, the jury, find the defendant guilty, and assess a fine of ten dollars, and sentence to the county for thirty days' labor." The defendant not having paid the fine, and the cost of the prosecution, nor confessed judgment for the same, as provided by statute, the court sentenced the defendant to hard labor for the county for the legal period to pay said fine and costs, but imposed no additional punishment. The appellant contends that the verdict of the jury was void, and cannot support the judgment of the court. The queston is before us by virtue of a writ of error. The statutes (Code 1886) bearing upon the question are as follows:
It is evident that the jury had no authority by their verdict to impose hard labor upon the defendant, but only a fine. The question is whether the fact that the jury undertook to add hard labor to the fine rendered the entire verdict void, or is it void only as to that part which the law did not authorize? We are of opinion the addition "of...
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McGuire v. State
... ... imposition of an additional punishment by the court of 30 ... days imprisonment in the county jail was without error. Code ... 1907, §§ 6306, 7627; Reid v. State, 53 Ala. 402, 25 ... Am. Rep. 627; McPherson v. State, 54 Ala. 221; ... Bibb v. State, 84 Ala. 13, 4 So. 275; Taylor v ... State, 114 Ala. 20, 21 So. 947; Martin v ... State, 125 Ala. 64, 28 So. 92 ... No ... error being shown by the record, the case will be affirmed ... Affirmed ... On ... Application for Rehearing ... In his ... application for a rehearing, ... ...
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Smith v. City of Birmingham
...he may proceed to fix the punishment as the law requires. Nix v. City of Andalusia, supra; Genie v. State, Ala., 39 So. 573; Taylor v. State, 114 Ala. 20, 21 So. 947. It is true that the trial judge erroneously charged the jury that it might impose the hard labor, but no exceptions were res......
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Patton v. State, 3 Div. 8
...or hard labor is not void: The part of the verdict dealing with imprisonment or hard labor will be treated as surplusage. Taylor v. State, 114 Ala. 20, 21 So. 947. 'When the verdict of a jury is not in proper form, the court may, before they are discharged, give them proper instructions and......
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Lightfoot v. City of Birmingham
...he may proceed to fix the punishment as the law requires. Nix v. City of Andalusia, supra; Genie v. State, Ala., 39 So. 573; Taylor v. State, 114 Ala. 20, 21 So. 947. It is true that the trial judge erroneously charged the jury that it might impose the additional sentence, but no exceptions......