Lockett v. State

Alabama Court of Appeals

Lockett v. State

119 So. 245, 22 Ala. App. 642, 1928 Ala. App. LEXIS 280

CourtAlabama Court of Appeals

DecidedJune 30, 1928

Docket2 Div. 399.

StatusPublished

Cited by2 cases

This text of 119 So. 245 (Lockett 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

Lockett v. State, 119 So. 245, 22 Ala. App. 642, 1928 Ala. App. LEXIS 280 (Ala. Ct. App. 1928).

Pincite

Opinions

After reading the evidence and considering this record en banc, the court is of the opinion that the evidence of the state and the inferences to be drawn therefrom are not sufficient to overcome the presumptions of innocence, and that this conviction should not be allowed to stand.

There is no authority of law to sentence a defendant to an indeterminate sentence at hard labor for the county. When the punishment is indeterminate, the sentence must be to the penitentiary. Code 1923, § 5268.

The judgment is reversed, and the cause is remanded.

Reversed and remanded.

On Rehearing. Original opinion withdrawn. Opinion substituted. Rehearing granted, judgment reversed, and the cause is remanded.

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