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Goldberger v. City of Mobile

Goldberger v. City of Mobile.

Goldberger v. City of Mobile, 82 So. 635 (Ala. Ct. App. 1919)
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Court
Alabama Court of Appeals · State Appellate Courts
Decided
April 22, 1919
Docket
No. 1 Div. 313.
Judges
Samford
Citations
82 So. 63517 Ala. App. 1451919 Ala. App. LEXIS 157
Disposition
Reversed in part and remanded.
Headnotes
1. Municipal Corporations 1186(7) —Disposition oe Appeal — Erroneous Sentence. . On appeal from a conviction for a violation of a city ordinance, in which the court erred in adding- an additional punishment of hard labor, tbe jury having only assessed a fine, only the part of the judgment relating to the sentence will be reversed, and tbe conviction will be sustained, where there is no error, in the record affecting any proceedings up to and including the rendition of tbe verdict and the judgment of guilt on tbe verdict.
Summary
' Appeal from Circuit Court, Mobile County; Norvílle R. Leigh, Jr., Judge. B. Goldberger was convicted of a violation of a city ordinance of the city of Mobile prohibiting the sale of liquors, and he appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Samford

SAMFORD, J.

[1]

The prosecution in this case was begun before the recorder of the city of Mobile, and charged a violation of an ordinap.ce of the city prohibiting the sale of liquors. In the recorder’s court the defendant was fined $100, and from that judgment he appealed to the circuit court. The defendant was tried in the circuit court of Mobile, before a jury, on a complaint filed by the city, was convicted, and the jury 'assessed a fine against him of $50. The court added an additional punishment of hard labor for a term of 90 days. This was error. Clark v. City of Uniontown, 4 Ala. App. 264 , 58 South. 725 ; Hannibal v. City of Mobile, 80 South. 629 ;

1

Jackson v. City of Mobile, 16 Ala. App. 664 , 81 South. 184 .

[2]

We find no error in the record affecting any proceedings of the court up to and including the rendition of the verdict of the jury and the judgment of guilt upon such verdict. For. the error above mentioned in the sentence of the defendant, the part of the judgment relating to the sentence is reversed, and the cause is remanded, for further proceedings in conformity to law.

Judgment of conviction is affirmed.

Reversed in part and remanded.

1

16 Ala. App. 625 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1924: 11925: 11950: 119242026peak 1924 · 1

Relies on it most ⓘ

  1. Guin v. City of Tuscaloosa106 So. 64 (Ala. Ct. App. 1925)
  2. Johnson v. City of Jasper43 So. 2d 843 (Ala. Ct. App. 1950)
  3. Ex Parte Trimble101 So. 524 (Ala. 1924)

Most recent

  1. Johnson v. City of Jasper43 So. 2d 843 (Ala. Ct. App. 1950)
  2. Guin v. City of Tuscaloosa106 So. 64 (Ala. Ct. App. 1925)
  3. Ex Parte Trimble101 So. 524 (Ala. 1924)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Clark v. City of Uniontown, 58 So. 725 (Ala. Ct. App. 1912) 23
Hannibal v. City of Mobile, 80 So. 629 (Ala. Ct. App. 1918) 6
Jackson v. City of Mobile, 81 So. 184 (Ala. Ct. App. 1919) 3

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