163 So. 821 | Ala. Ct. App. | 1935
It appears from the record that this appellant, without counsel was put to trial upon an indictment which charged her with being a vagrant. She was convicted as charged and the jury assessed a fine against her of $111.75. Failing to pay the fine and costs, or to confess judgment therefor, the court sentenced her to perform labor for the county for 50 days to pay the fine, and in addition thereto she was sentenced to 234 days to pay the costs at 75 cents per day.
It is evident, from the testimony introduced by the state, that a conviction of the accused was sought under either subdivision 9 or subdivision 10 of section 5571 of the Code 1923. Subdivision 9 reads: "Any person who is a prostitute." And subdivision 10 is as follows: "Any person who is a keeper, proprietor or employee of a house of prostitution."
The accused, as stated, was unattended by counsel on the trial of this case in the court below; hence no exceptions were reserved to the rulings of the court on the admission of evidence; therefore no question in this connection is presented for our consideration. We have read the evidence in full, much of which should not have been allowed as being clearly illegal, irrelevant, and incompetent. The rule of evidence in a case of this character is fully discussed in our case of Wilson v. State,
However, it appears that a motion for a new trial was properly made and presented in behalf of the defendant after her conviction; and while this motion is predicated upon several separate and distinct grounds, it will be necessary to discuss here only the grounds based upon the fact of the illegality of the verdict returned by the jury, to the effect that the verdict rendered by the jury was a quotient verdict. We here set out the grounds of the motion on this question:
"3. That the verdict of the jury was a quotient verdict.
"4. That the verdict of the jury for $111.75 was reached by each member of the jury writing on a slip of paper the amount of fine that each felt should be imposed on defendant, and dividing the sum total of the several amounts written by twelve and using substantially the quotient thereof as the fine to be assessed on defendant, and that the amount of fine assessed against the defendant is not in fact the jury's verdict arrived at as by law provided.
"5. That the verdict of the jury was reached by each member of the jury agreeing that each member would write on a piece of paper the amount of fine he felt should be imposed on defendant and that the same would be divided by twelve and the quotient thereof be the amount of fine *560 assessed against the defendant, and that in keeping with said agreement each member of the jury did write the amount of fine he felt should be imposed and that the sum total of same was divided by twelve and the result thereof, or a substantial result thereof, was reported as the jury's verdict, and that the same is not the jury's verdict arrived at as by law provided.
"6. That the several members of the jury agreed among themselves to let their verdict as to the amount of fine imposed on defendant be determined by each member of the jury writing on a piece of paper the amount of fine each respective member felt should be imposed or assessed against defendant and the sum total thereof be divided by twelve and the quotient or the approximate quotient be agreed as the amount of fine to be imposed on defendant; and that in keeping with said agreement each member of the jury did write on a piece of paper, as aforesaid, the amount written by the twelve members of the jury and the sum total divided by twelve being as follows: $125.00; $0.01; $25.00; $1.00; $500.00; $0.01; $50.00; $500.00; $100.00; $40.00; $1.00; $0.01. Sum total $1,342.03. Divided by twelve, $111.83. And in keeping with said agreement the jury fixed the fine at $111.75, and that said amount assessed against the defendant is not the jury's verdict as is by law provided."
Upon the hearing of the foregoing motion the defendant introduced conclusive evidence to sustain grounds 3, 4, 5, and 6 of the motion set out in full above, and as to this evidence there was no dispute or conflict. The trial court, however, overruled the motion and declined to set aside the verdict. In this ruling there was manifest error. A quotient verdict is not a true verdict, and where, as here, this is shown without dispute, such verdict will not be permitted to stand. Innumerable decisions of the appellate courts of this state have so held. Williams' Case,
For the error indicated the judgment of conviction from which this appeal was taken is reversed, and the cause remanded.
Reversed and remanded.