Nichol v. State

Alabama Court of Appeals

Nichol v. State

131 So. 2d 901, 41 Ala. App. 322, 1961 Ala. App. LEXIS 352

Alabama Court of Appeals·Decided June 27, 1961·No. 7 Div. 650·Published

Opinion

PRICE, Judge.

The defendant entered a plea of guilty to a 'charge of violating’ Section 128, Title 36, Code: 1940. ' .

[323] The court assessed a fine of $100 and sentenced defendant to the state penitentiary for eighteen months. The fine and cost not having been paid, defendant was also sentenced to hard labor for the county to pay the fine and cost. The sentence imposed was unauthorized. In Bragan v. State, 243 Ala. 102, 9 So.2d 123, the court held that a sentence both to hard labor for the county and imprisonment in the penitentiary may not be imposed for one and the same offense.

The appeal is on the record proper. The judgment of conviction is affirmed. The cause is remanded for proper sentence.

Affirmed but remanded for proper sentence.

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PRICE, Judge.

The defendant entered a plea of guilty to a 'charge of violating’ Section 128, Title 36, Code: 1940. ' .

[323] The court assessed a fine of $100 and sentenced defendant to the state penitentiary for eighteen months. The fine and cost not having been paid, defendant was also sentenced to hard labor for the county to pay the fine and cost. The sentence imposed was unauthorized. In Bragan v. State, 243 Ala. 102, 9 So.2d 123, the court held that a sentence both to hard labor for the county and imprisonment in the penitentiary may not be imposed for one and the same offense.

The appeal is on the record proper. The judgment of conviction is affirmed. The cause is remanded for proper sentence.

Affirmed but remanded for proper sentence.

Nichol v. State, 131 So. 2d 901, 41 Ala. App. 322, 1961 Ala. App. LEXIS 352 (Ala. Ct. App. 1961).

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Opinion

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