Dotson v. State

Alabama Court of Appeals

Dotson v. State

152 So. 2d 696, 42 Ala. App. 83, 1963 Ala. App. LEXIS 260

Alabama Court of Appeals·Decided April 23, 1963·No. 8 Div. 887·Published·Cited by 1 cases

Opinion

CATES, Judge.

This is an appeal from a judgment finding Dotson guilty of taking, etc., “game ■or non game [sic] gish [sic] in the public fresh waters * * * by the use of a hoop,” etc.

The trial judge fined Dotson $50.00 and also added three months in the county jail.

No demurrer was filed below (see Smith v. State, 40 Ala.App. 208, 110 So.2d 340); no transcript of evidence is in the record before us.

We have reviewed the record under Code 1940, T. 15, § 389. Since no provision for imprisonment appears in T. 8, § 66, as amended, we must remand for proper sentence.

Affirmed but remanded for proper sentencing.

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CATES, Judge.

This is an appeal from a judgment finding Dotson guilty of taking, etc., “game ■or non game [sic] gish [sic] in the public fresh waters * * * by the use of a hoop,” etc.

The trial judge fined Dotson $50.00 and also added three months in the county jail.

No demurrer was filed below (see Smith v. State, 40 Ala.App. 208, 110 So.2d 340); no transcript of evidence is in the record before us.

We have reviewed the record under Code 1940, T. 15, § 389. Since no provision for imprisonment appears in T. 8, § 66, as amended, we must remand for proper sentence.

Affirmed but remanded for proper sentencing.

Dotson v. State, 152 So. 2d 696, 42 Ala. App. 83, 1963 Ala. App. LEXIS 260 (Ala. Ct. App. 1963).

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Opinion

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