Wester v. State

Alabama Court of Appeals

Wester v. State

113 So. 2d 358, 40 Ala. App. 322, 1959 Ala. App. LEXIS 358

CourtAlabama Court of Appeals

DecidedJune 9, 1959

Docket8 Div. 314

StatusPublished

This text of 113 So. 2d 358 (Wester 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

Wester v. State, 113 So. 2d 358, 40 Ala. App. 322, 1959 Ala. App. LEXIS 358 (Ala. Ct. App. 1959).

Pincite

Opinion

PRICE, Judge.

The complaint charges that defendant, ■“did buy, sell or have in possession illegally give barter, exchange, receive, deliver, carry, or ship, prohibited liquors, contrary to law, * *

The judgment reads:

“Certificate of Conviction

The State of Alabama vs. # 1544 Garland Wester V.P.L.

* * * On this the 14th day of October, 1957, came the State by its Solicitor and also the Defendant in his own person and by his attorney and pleads not guilty to the charge of Violation the Prohibition Laws and upon hearing the testimony of the defendant and witnesses of the State and duly considering the same, the Court is satisfied of the guilty of the defendant and assesses a fine against him for $200.00 Two hundred and no/100 Dollars, in addition to a Six months hard labor sentence for Marshall County * * *.”

The judgment fails to show that defendant interposed a plea to, or was convicted of, any offense charged in the complaint. Champion v. State, 266 Ala. 283, 95 So.2d 801; Hardin v. State, 241 Ala. 4, 3 So.2d 89.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

PRICE, Judge.

The complaint charges that defendant, ■“did buy, sell or have in possession illegally give barter, exchange, receive, deliver, carry, or ship, prohibited liquors, contrary to law, * *

The judgment reads:

“Certificate of Conviction

The State of Alabama vs. # 1544 Garland Wester V.P.L.

* * * On this the 14th day of October, 1957, came the State by its Solicitor and also the Defendant in his own person and by his attorney and pleads not guilty to the charge of Violation the Prohibition Laws and upon hearing the testimony of the defendant and witnesses of the State and duly considering the same, the Court is satisfied of the guilty of the defendant and assesses a fine against him for $200.00 Two hundred and no/100 Dollars, in addition to a Six months hard labor sentence for Marshall County * * *.”

The judgment fails to show that defendant interposed a plea to, or was convicted of, any offense charged in the complaint. Champion v. State, 266 Ala. 283, 95 So.2d 801; Hardin v. State, 241 Ala. 4, 3 So.2d 89.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

113 So. 2d 358, 40 Ala. App. 322, 1959 Ala. App. LEXIS 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wester-v-state-alactapp-1959.

Opinion

Related

Cite This Page — Counsel Stack