From Casetext: Smarter Legal Research

Banks v. State

Court of Appeals of Alabama
Nov 21, 1967
204 So. 2d 840 (Ala. Crim. App. 1967)

Opinion

7 Div. 899.

November 21, 1967.

Appeal from the Circuit Court, Cherokee County, W. J. Haralson, J.

Roy D. McCord, Gadsden, for appellant.

MacDonald Gallion, Atty. Gen., and Marlin Mooneyham, Asst. Atty. Gen., for the State.


We have carefully examined the record and briefs in this case.

The trial court received appellant's plea and properly adjudged him guilty of the offense charged. In undertaking to sentence appellant for the stated term of imprisonment, the court failed to propound to him the question if he had anything to say why sentence of the law should not be pronounced upon him. To this extent, the judgment is erroneous.

We find no other error in this cause and the same should be and is hereby remanded to the lower court for proper sentence in accordance herewith. Smith v. State, 28 Ala. App. 506, 189 So. 86; Bryant v. State, 42 Ala. App. 219, 159 So.2d 627; Robinson v. State, 40 Ala. App. 540, 117 So.2d 260.

Affirmed.

Remanded for proper sentence.


Summaries of

Banks v. State

Court of Appeals of Alabama
Nov 21, 1967
204 So. 2d 840 (Ala. Crim. App. 1967)
Case details for

Banks v. State

Case Details

Full title:Kenneth Ray BANKS v. STATE

Court:Court of Appeals of Alabama

Date published: Nov 21, 1967

Citations

204 So. 2d 840 (Ala. Crim. App. 1967)
204 So. 2d 840