Fuller v. State

Alabama Court of Appeals

Fuller v. State

21 So. 2d 705, 32 Ala. App. 85

CourtAlabama Court of Appeals

DecidedApril 10, 1945

Docket4 Div. 872.

StatusPublished

Cited by1 cases

This text of 21 So. 2d 705 (Fuller 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

Fuller v. State, 21 So. 2d 705, 32 Ala. App. 85 (Ala. Ct. App. 1945).

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Opinion

CARR, Judge.

Error appears upon the face of the record in this cause.

Appellant was tried and convicted under an indictment charging carnal knowledge of a girl over twelve and under sixteen years of age.

The jury returned the following verdict: “We, the jury, find the defendant guilty. (Signed) Leo Dennis, Foreman.” On this verdict the trial judge adjudged the defendant guilty and imposed a sentence for a period of six years in the State penitentiary.

The prosecution is based on Section 399 of Title 14, Code 1940. This statute provides that the jury, and not the court, shall fix the punishment in the event of conviction. The verdict of the jury in this case, therefore, will not sustain the judgment of sentence. For the unauthorized action of the primary court, the judgment is reversed and the cause is remanded. Washington v. State, 125 Ala. 40, 28 So. 78; McKinney v. State, 17 Ala.App. 474, 86 So. 121; Hawes v. State, 19 Ala.App. 280, 97 So. 114; Smith v. State, 23 Ala.App. 106, 121 So. 692; Tanner v. State, 23 Ala.App. 116, 121 So. 693.

Reversed and remanded.

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CARR, Judge.

Error appears upon the face of the record in this cause.

Appellant was tried and convicted under an indictment charging carnal knowledge of a girl over twelve and under sixteen years of age.

The jury returned the following verdict: “We, the jury, find the defendant guilty. (Signed) Leo Dennis, Foreman.” On this verdict the trial judge adjudged the defendant guilty and imposed a sentence for a period of six years in the State penitentiary.

The prosecution is based on Section 399 of Title 14, Code 1940. This statute provides that the jury, and not the court, shall fix the punishment in the event of conviction. The verdict of the jury in this case, therefore, will not sustain the judgment of sentence. For the unauthorized action of the primary court, the judgment is reversed and the cause is remanded. Washington v. State, 125 Ala. 40, 28 So. 78; McKinney v. State, 17 Ala.App. 474, 86 So. 121; Hawes v. State, 19 Ala.App. 280, 97 So. 114; Smith v. State, 23 Ala.App. 106, 121 So. 692; Tanner v. State, 23 Ala.App. 116, 121 So. 693.

Reversed and remanded.

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21 So. 2d 705, 32 Ala. App. 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuller-v-state-alactapp-1945.

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