Banks v. State

Alabama Court of Appeals

Banks v. State

204 So. 2d 840, 44 Ala. App. 195, 1967 Ala. App. LEXIS 460

CourtAlabama Court of Appeals

DecidedNovember 21, 1967

Docket7 Div. 899

StatusPublished

This text of 204 So. 2d 840 (Banks 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.

Bluebook

Banks v. State, 204 So. 2d 840, 44 Ala. App. 195, 1967 Ala. App. LEXIS 460 (Ala. Ct. App. 1967).

Pincite

Opinion

JOHNSON, Judge.

We have carefully examined the record and briefs in this case.

The trial court received appellant’s plea and properly adjudged him guilty of the offense charged. In undertaking to sentence appellant for the stated term of imprisonment, the court failed to propound to him the question if he had anything to say why sentence of the law should not be pronounced upon him. To this extent, the judgment is erroneous.

We find no other error in this cause and the same should be and is hereby remanded to the lower court for proper sentence in accordance herewith. Smith v. State, 28 Ala. App. 506, 189 So. 86; Bryant v. State, 42 Ala.App. 219, 159 So.2d 627; Robinson v. State, 40 Ala.App. 540, 117 So.2d 260.

Affirmed.

Remanded for proper sentence.

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