Brooks v. State

Alabama Court of Appeals

Brooks v. State

81 So. 184, 16 Ala. App. 664, 1919 Ala. App. LEXIS 17

CourtAlabama Court of Appeals

DecidedFebruary 4, 1919

Docket4 Div. 591.

StatusPublished

Cited by2 cases

This text of 81 So. 184 (Brooks 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

Brooks v. State, 81 So. 184, 16 Ala. App. 664, 1919 Ala. App. LEXIS 17 (Ala. Ct. App. 1919).

Pincite

Opinion

BROWN, P. J.

The record and proceedings of the trial court appear to be regular in all things and free from error, up to and including the judgment of conviction. The judgment of sentence is in these words:

“It is therefore considered and adjudged by the court, and it is the judgment and sentence of the court, that the defendant, Ezekiel Brooks, alias Zeke Brooks, be and he is hereby sentenced to hard labor for Dale County for a term of 18 months, and also to a sufficient additional number of days at 75 cents a day to pay the costs of this prosecution.”

This sentence is erroneous In not specifying the number of days as required by the statute. Barrentine v. State, 3 Ala. App. 188, 57 South. 1025; Code 1907, § 7635; William Duff, alias, etc., v. State, 81 South, 893.

The judgment of conviction is affirmed, thie sentence is set aside and annulled, and the cause remanded to the trial court for proper sentence.

Judgment of conviction affirmed; sentence set aside and annulled; remanded fpr proper sentence.

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