Jacobs v. State

122 So. 806, 23 Ala. App. 149, 1929 Ala. App. LEXIS 137

Opinion

SAMPORD, J.

The defendant was tried at the Spring term, 1928, of the circuit court of Coffee county on a charge of violating the prohibition law. The jury returned a verdict of guilty and assessed a fine of $50. Judgment of conviction was entered forthwith, but defendant was released on bis own recognizance and permitted to go home upon his promise, to return on a certain day for sentence. Failing to return, defendant was brought into court on a capias and sentence was pronounced on September 14, 1928, being the fall term of the court. This was not a discontinuance by tbe state such as was the ease in Ex parte King, 16 Ala. App. 118, 75 So. 710. The court had the power and authority at a subsequent term to complete tbe judgment and to sentence the prisoner. Clanton v. State, 96 Ala. 111, 11 So. 299; Charles v. State, 4 Port. 107; Snyder v. State, 18 Ala. App. 188, 90 So. 40.

Section 4625 of tbe Code of 1923 does not affect tbe rule as above laid down. ' That sec-' tion renders inoperative any suspension of sentence not authorized by law, and the penalties thereunder are directed at the presiding judge who should be guilty of its violation.

The judgment is affirmed.

Affirmed.