Opinion
2 Div. 283.
May 20, 1924.
Appeal from Circuit Court, Dallas County; S.F. Hobbs Judge.
T.E. Cook was convicted of unlawfully presenting a firearm, and appeals. Judgment affirmed; remanded for proper sentence.
The judgment entry recites:
"Thereupon came a jury of twelve good and lawful men, who, having been elected, impaneled, and duly sworn according to law on their oaths, say they find the defendant guilty as charged by the indictment, and fix his fine at $10.
"It is therefore considered and adjudged by the court that the defendant is guilty of presenting a pistol, as charged in the indictment.
"The defendant in this case having reserved certain questions of law for the consideration of the Court of Appeals of Alabama, and having prayed for and obtained an appeal to said court, it is ordered by the court that the sentence in this case be suspended pending such appeal, and defendant's bond is fixed at $100."
Craig Brown, of Selma, for appellant.
No brief reached the Reporter.
Harwell G. Davis, Atty. Gen., for the State.
No brief reached the Reporter.
There are no exceptions of merit presented by the bill of exceptions, and, no errors of a prejudicial nature appearing in the record, the judgment of conviction is affirmed.
The judgment in this case is incomplete. In cases of misdemeanor a complete judgement must be rendered, and, when an appear is taken under section 6244 of the Code of 1907, such judgment is suspended upon a compliance with either sections 6250 or 6251 of the Code, as the case may be.
Let the judgment of conviction be affirmed, and the cause be remanded for proper sentence.
Affirmed in part, and remanded.