midpage

Franklin v. StateFranklin v. State

Alabama Court of Appeals
Dec 15, 1914
Reporters:
, ,
Before:
Brown
BROWN, J.

At the March term, 1913, of the circuit court of Elmore county, the appellant was indicted for an assault with intent to ‍​‌​‌​‌​‌‌‌‌​‌​​‌‌‌​‌‌‌​​‌​‌‌​​‌​​​‌‌‌​‌‌​‌​​‌‌​​‌‌​​‌​​​​​‌​‌​‌‌‌​​‌‌‌‌‌‌​‌​​​​‌‌​​‌‌​​​​‌‌​​​‌​‍murder, and at the March term, 1914, he was tried and convicted of an assault with a weapon, and ‘a fine of $250 was assessed against him by the jury.

Immediately following the recital of the verdict of the jury in the judgment entry is the judgment ‍​‌​‌​‌​‌‌‌‌​‌​​‌‌‌​‌‌‌​​‌​‌‌​​‌​​​‌‌‌​‌‌​‌​​‌‌​​‌‌​​‌​​​​​‌​‌​‌‌‌​​‌‌‌‌‌‌​‌​​​​‌‌​​‌‌​​​​‌‌​​​‌​‍of sentence pronounced by the court, showing that, upon the *306failure of the defendant to pay or to secure the fine and costs, he was sentenced to hard labor for the county for a term of 90 days for the payment of the fine and 140 days ‍​‌​‌​‌​‌‌‌‌​‌​​‌‌‌​‌‌‌​​‌​‌‌​​‌​​​‌‌‌​‌‌​‌​​‌‌​​‌‌​​‌​​​​​‌​‌​‌‌‌​​‌‌‌‌‌‌​‌​​​​‌‌​​‌‌​​​​‌‌​​​‌​‍for the costs of the prosecution; and the court, as an additional punishment for the offense, imposed an additional sentence of 3 months’ hard labor for the county. This judgment was sufficient, as has been repeatedly ruled by the Supreme Court and this court. —Roberson v. State, 123 ‍​‌​‌​‌​‌‌‌‌​‌​​‌‌‌​‌‌‌​​‌​‌‌​​‌​​​‌‌‌​‌‌​‌​​‌‌​​‌‌​​‌​​​​​‌​‌​‌‌‌​​‌‌‌‌‌‌​‌​​​​‌‌​​‌‌​​​​‌‌​​​‌​‍Ala. 57, 26 South. 645; Ex parte Roberson, 123 Ala. 103, 26 South. 645, 82 Am. St. Rep. 107; Smith v. State, 4 Ala. App. 212, 58 South. 117; Sanfield v. State, 3 Ala. App. 58, 57 South. 402.

The indictment, judgment, and sentence of the court being in all things regular, and there being no bill of ‍​‌​‌​‌​‌‌‌‌​‌​​‌‌‌​‌‌‌​​‌​‌‌​​‌​​​‌‌‌​‌‌​‌​​‌‌​​‌‌​​‌​​​​​‌​‌​‌‌‌​​‌‌‌‌‌‌​‌​​​​‌‌​​‌‌​​​​‌‌​​​‌​‍exceptions, there is nothing else to be reviewed. There being no’ error in the record, the judgment of the circuit court is affirmed.

Affirmed.

Case Details

Case Name: Franklin v. State
Court Name: Alabama Court of Appeals
Date Published: Dec 15, 1914
Citations: 66 So. 875; 11 Ala. App. 305; 1914 Ala. App. LEXIS 68
Court Abbreviation: Ala. Ct. App.
Log In