Snyder v. State

Alabama Court of Appeals

Snyder v. State

79 So. 316, 16 Ala. App. 535, 1918 Ala. App. LEXIS 215

CourtAlabama Court of Appeals

DecidedJune 29, 1918

Docket7 Div. 538.

StatusPublished

Cited by2 cases

This text of 79 So. 316 (Snyder 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

Snyder v. State, 79 So. 316, 16 Ala. App. 535, 1918 Ala. App. LEXIS 215 (Ala. Ct. App. 1918).

Pincite

Opinion

BROWN, P. J.

The verdict of the jury is in this form:

“We, the jury, find the defendant guilty as charged in the statement, and assess a fine of four hundred dollars.”

We are of opinion that this verdict clearly shows a conviction for only one offense, and the assessment of only one fine, and that the judgment of the court, sentencing the defendant to an additional term of 12 months’ hard labor, is erroneous. Mulligan v. State, 15 Ala. App. 204, 72 South. 761; Stout v. State, 15 Ala. App. 206, 72 South. 762.

There being no error in the judgment of conviction, that judgment is affirnled. The sentence, however, is hereby set aside and annulled, and the cause is remanded that a proper sentence may be pronounced, in accordance with the law. Mulligan v. State, supra.

Affirmed in part, in part reversed and remanded.

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