113 So. 485 | Ala. Ct. App. | 1927
A judgment, as defined by the text-writers, is: "The law's last word in a judicial controversy." It must be complete and certain in itself, and must appear to be the act and adjudication of a court of competent jurisdiction and not a mere memorandum of the court, usually called "bench notes," or the recitals of the clerk as to what took place on the trial. The rule in this state, requiring all of the formalities incident to judgments at common law, has been somewhat relaxed, but it has always been held in criminal cases that there must be an arraignment and plea, an adjudication by the court as to the issues involved, and a sentence by the court. In the case of Wells v. State, on rehearing,
It will not be necessary to pass upon the sufficiency of the verdict; it being assumed that on another trial a proper verdict will be rendered.
We do not pass upon the numerous refused charges. None of them present any new or novel proposition of law and probably on another trial such of them as assert correct legal propositions will be given if requested, or be covered by the court in his oral charge. *168
For the errors pointed out, the judgment is reversed, and the cause is remanded.
Reversed and remanded.