Williams v. State, 8 Div. 472

Decision Date08 June 1937
Docket Number8 Div. 472
Citation176 So. 471,27 Ala.App. 542
PartiesWILLIAMS v. STATE.
CourtAlabama Court of Appeals

Rehearing Denied June 29, 1937

Appeal from Law and Equity Court, Lauderdale County; Robt. M. Hill, Judge.

Lena Williams was convicted of violating the prohibition law, and she appeals.

Judgment affirmed.

Certiorari denied by Supreme Court in Williams v. State, 176 So. 472.

Fred S. Parnell, of Florence, for appellant.

A.A. Carmichael, Atty. Gen., and John J. Haynes, Asst. Atty. Gen., for the State.

RICE, Judge.

There is really nothing presented by this appeal deserving of comment. The issue of the guilt vel non of the appellant was strictly one for the jury.

Appellant's resourceful counsel would have us reverse the judgment of conviction because of the fact that there appears, quite unnecessarily, at an isolated place in the transcript what purports to be the verdict of the jury trying the case--said purported verdict reciting that the jury found appellant guilty and assessed "her fine at $25.00"--which was not authorized (i.e., said fine of only $25) under the law.

But the judgment entry is regular in all respects, and is the place where we look to find a true recital of the verdict, as well as judgment. Here the verdict is recited as being that a fine of $250 was assessed against appellant--which recital is not only controlling upon us, but leads us to believe the "$25.00" mentioned above was but a typographical error in making up the transcript.

The judgment is affirmed.

Affirmed.

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4 cases
  • Harrison v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 26 Junio 1992
    ...according to the court reporter's transcript might be unlawful, while the judgment entry reflects a valid sentence. Williams v. State, 27 Ala.App. 542, 176 So. 471, cert. denied, 234 Ala. 622, 176 So. 472 Ex parte Hammond, 510 So.2d 153 (Ala.1987). Here, the appellant was not present when t......
  • Benedict v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 27 Mayo 1986
    ...according to the court reporter's transcript might be unlawful, while the judgment entry reflects a valid sentence. Williams v. State, 27 Ala. App. 542, 176 So. 471, cert. denied, 234 Ala. 622, 176 So. 472 The restitution statutes provide for payment of restitution while in prison in some i......
  • Harris v. Bell
    • United States
    • Alabama Supreme Court
    • 14 Octubre 1937
    ...176 So. 469 234 Ala. 679 HARRIS v. BELL. 6 Div. 151Supreme Court of AlabamaOctober 14, 1937 ... ...
  • Williams v. State, 8 Div. 824
    • United States
    • Alabama Supreme Court
    • 14 Octubre 1937
    ...Lena Williams for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in the case of Williams v. State, 176 So. 471. Fred Parnell, of Florence, for petitioner. A.A. Carmichael, Atty. Gen., for the State. BROWN, Justice. The petition seeks to revie......

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