Baker v. State

Alabama Court of Appeals

Baker v. State

88 So. 184, 17 Ala. App. 669, 1921 Ala. App. LEXIS 20

CourtAlabama Court of Appeals

DecidedJanuary 18, 1921

Docket6 Div. 738.

StatusPublished

Cited by1 cases

This text of 88 So. 184 (Baker v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Baker v. State, 88 So. 184, 17 Ala. App. 669, 1921 Ala. App. LEXIS 20 (Ala. Ct. App. 1921).

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Opinion

MERRITT, J.

This appeal is upon the record proper without bill of exceptions. Tbe record appears to be free from error as far as the judgment of conviction is concerned. There was error, however, in sentencing the defendant to a fixed term of imprisonment in the penitentiary. Acts 1919, p. 148, provide that in eases of this character an indeterminate term of imprisonment must be imposed. See John Baker v. State, ante, p. 668, 88 South. 184. The judgment of conviction is affirmed. Under authority of the Baker Case, supra, the cause must be reversed, for proper sentence in conformity to law.

Affirmed in part, reversed in part, and remanded.

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MERRITT, J.

This appeal is upon the record proper without bill of exceptions. Tbe record appears to be free from error as far as the judgment of conviction is concerned. There was error, however, in sentencing the defendant to a fixed term of imprisonment in the penitentiary. Acts 1919, p. 148, provide that in eases of this character an indeterminate term of imprisonment must be imposed. See John Baker v. State, ante, p. 668, 88 South. 184. The judgment of conviction is affirmed. Under authority of the Baker Case, supra, the cause must be reversed, for proper sentence in conformity to law.

Affirmed in part, reversed in part, and remanded.

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88 So. 184, 17 Ala. App. 669, 1921 Ala. App. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-state-alactapp-1921.

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