55 Ala. 136 | Ala. | 1876
The appellant was indicted and convicted of the offense of gaming. The jury assessed against him a fine of fifty dollars. The indictment is in proper form, and no demurrer was interposed or objection to its sufficiency made in the City Court, and. none has been suggested. No bill of exceptions was taken to any ruling of the City Court. We have carefully examined the record, and do not discover any error, except in the sentence passed by the court. The appellant not having, with sufficient sureties, confessed judgment for the fine and costs, he was sentenced to hard labor for the county for the space of thirty days on account of the
The statute regulating writs of error and appeals to this court, in criminal cases, dispenses with an assignment of errors, and joinder of error, and requires the court to render such judgment on the record as the law demands. If the judgment is reversed, a new trial may be ordered, or the defendant may be discharged, or he may be held in custody until discharged by due course of law, or the court may make such other order as the case may require. — R. C. §§ 4314-16. The
The sentence pronounced by the Oity Court is changed, so that the appellant is condemned to hard labor for the county, on account of the fine, for twenty days, instead of thirty days; and being so changed, the judgment is in all respects affirmed. Costs will not be adjudged against the appellant in this court