Flaherty v. State

Alabama Court of Appeals

Flaherty v. State

117 So. 2d 195, 40 Ala. App. 539, 1960 Ala. App. LEXIS 321

CourtAlabama Court of Appeals

DecidedJanuary 5, 1960

Docket2 Div. 24

StatusPublished

Cited by2 cases

This text of 117 So. 2d 195 (Flaherty 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

Flaherty v. State, 117 So. 2d 195, 40 Ala. App. 539, 1960 Ala. App. LEXIS 321 (Ala. Ct. App. 1960).

Pincite

Opinion

PER CURIAM.

The indictment is for a felony, i. e., transporting five or more gallons of prohibited liquors.

[540]*540The judgment entry shows a plea of guilty, but omits any reference to allocutus by the court to the prisoner.

In a felony case, such an inquiry is mandatory! Under Code 1940, T. 15, § 389, we are required to notice this record error. The error, however, is not cause for reversal, but only for remandment to the court below for proper sentencing. Smith v. State, 28 Ala.App. 506, 189 So. 86.

Accordingly, the judgment below is hereby ordered to be affirmed, but remanded for proper sentence.

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