Opinion
6 Div. 682.
May 11, 1926.
Appeal from Circuit Court, Tuscaloosa County; Fleetwood Rice, Judge.
Prosecution by the City of Tuscaloosa against John Harris for violation of a city ordinance. From a judgment of conviction, defendant appeals. Affirmed.
Wright Clark, of Tuscaloosa, for appellant.
The circuit judge is without power to impose additional punishment at hard labor on appeal from recorder's court, triable by a jury, unless expressly authorized by ordinance. Code 1923, § 1937; Thomas v. Mobile, 203 Ala. 96, 82 So. 110; Guin v. Tuscaloosa, ante, p. 61, 106 So. 64; Clark v. Uniontown, 4 Ala. App. 264, 58 So. 725. Nor has such judge authority to sentence defendant to hard labor to satisfy fine and costs due the city, in the absence of ordinance so providing. Code 1923, §§ 1936-1938; Ex parte Adams, 170 Ala. 105, 54 So. 501; Dowling v. Troy, 1 Ala. App. 508, 56 So. 116; Case v. Mobile, 30 Ala. 538.
S. H. Sprott, of Tuscaloosa, for appellee.
The circuit judge does have authority to impose additional sentence to hard labor, and impose sentence to pay fine and costs due the city. Thomas v. Mobile, 203 Ala. 96, 82 So. 110; Guin v. Tuscaloosa, ante, p. 61, 106 So. 64; Ex parte Guin, 213 Ala. 685, 106 So. 67; O'Flynn v. Selma, ante, p. 185, 106 So. 393; Walton v. Tuscaloosa, ante, p. 64, 106 So. 67.
Appellant was convicted of the offense of violating the terms of a specified ordinance of the city of Tuscaloosa.
Assignments of error 1 and 2 have been rendered without merit by a corrected copy of the judgment entry, now appearing in the record. This shows that appellant did in fact plead to each of the charges carried in the complaint. The evidence was sufficient to support the verdict returned.
The court had the right to sentence the defendant to 60 days at hard labor for the city as additional punishment to that imposed by the jury. Guin v. City of Tuscaloosa, ante, p. 61, 106 So. 64.
Likewise the court was within its rightful province in sentencing the defendant to work out the fine and costs at the rate of 40 cents per day. Guin v. City of Tuscaloosa, supra.
There is no error in the record, and the judgment must be affirmed.
Affirmed.