56 So. 118 | Ala. | 1911
The Court of Appeals, acting under the authority of the act creating that court (Acts 1911, p.
We are constrained by the decision of this court in Brown v. State, 115 Ala. 74, 22 South. 458, to an answer in the affirmative. The title of the act is: “An act to provide for the hiring, management, control and inspection of county convicts.” In the case referred to it was said the sentence for costs “most clearly enters into, and forms a part of the judicial disposition of the prisoner creating and defining him as one amenable to the regulations provided by law for putting the sentence (meaning here the sentence for punishment primarily and the
The section, in so far as it changes the rate at which convicts shall be credited for their labor, is unconstitutional, and appellant should have been sentenced for costs at the rate of 75 cents a day as provided by section 7685 of the Code of 1907. — Ex Parte Gayles, 108 Ala. 514, 19 South. 12, is also in point and to the same effect.
The clerk will certify this opinion to the Court of Appeals.