Peters v. State

Alabama Court of Appeals

Peters v. State

200 So. 800, 30 Ala. App. 77, 1941 Ala. App. LEXIS 40

CourtAlabama Court of Appeals

DecidedMarch 4, 1941

Docket8 Div. 5.

StatusPublished

Cited by2 cases

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Bluebook

Peters v. State, 200 So. 800, 30 Ala. App. 77, 1941 Ala. App. LEXIS 40 (Ala. Ct. App. 1941).

Pincite

Opinion

RICE, Judge.

This case was. tried, and judgment of conviction entered on April 3, 1940. The bill of exceptions was not presented before and until August 15, 1940, nothing intervening which had the effect of lengthening the- time within which it might be presented.

This was not in accord with Code 1928, § 6433, and the Attorney General’s motion to strike the bill of exceptions from the record may be, and is, hereby, granted.

Appellant was regularly indicted, tried, and convicted for and of the offense denounced by Code 1928, § 4121, forgery in the second degree. The punishment is prescribed by Code 1928, § 4129.

We find nothing wrong with the conviction of appellant; but the punishment imposed is not in accordance with the law.

The judgment of conviction is affirmed. But the cause is remanded to the court below for proper sentence. McGee V. State, 20 Ala.App. 221, 101 So. 321; McIntosh v. State, 234 Ala. 16, 173 So. 619.

Affirmed. Remanded for proper sentence.

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