103 Ala. 95 | Ala. | 1893
This cause was submitted on a motion by the Attorney-General, to dismiss the appeal upon the ground that the judgment rendered will not support the appeal.
The only entry purporting to be a j udgment contained in the record in this case is as follows : “The State vs. Goliath Wright. Charge C. C. W. Fall Term, 1893. Plea not guilty. Jury and verdict. Guilty and fined fifty dollars. Judgment confessed with T. H. Weld, C. W. Ford and W.M. Eiland sureties.’! It requires neither argument nor citation of authorities to show that this statement is wholly inoperative as a judgment. It appears to be no more than a mere repetition of the entries by-the court upon atrial docket — data for the judgment. In Speed v. Cocke, 57 Ala. 209, it is said: “The judgment, decree or order of any court tQ be operative, must be certain, and complete in itself, without reference to anything else by which to ascertain its meaning.” Every .verdict of a jury should be followed by a judg
The motion of the Attorney-General must be granted, and the appeal dismissed.