Pitts v. State

Alabama Court of Appeals

Pitts v. State

83 So. 2d 258, 38 Ala. App. 342, 1955 Ala. App. LEXIS 282

CourtAlabama Court of Appeals

DecidedOctober 11, 1955

Docket6 Div. 260

StatusPublished

Cited by2 cases

This text of 83 So. 2d 258 (Pitts 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

Pitts v. State, 83 So. 2d 258, 38 Ala. App. 342, 1955 Ala. App. LEXIS 282 (Ala. Ct. App. 1955).

Pincite

Opinion

PRICE, Judge.

Appellant was convicted of the offense of resisting arrest, in violation of Section 402, Title 14, Code 1940.

The appeal is on the record proper without official transcript of the evidence on the trial. Therefore, the only question presented for our review is the regularity of the proceedings.

As punishment the court sentenced the defendant to six months hard labor in the penitentiary. This was error. Under Section 325 of Title 15, Code 1940, if the sentence to hard labor is for twelve months or less it must be to hard labor for the county.

The judgment of conviction is affirmed. The cause is remanded for proper sentence.

Affirmed, but remanded for proper sentence.

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